REV. ELIJAH OBOROH V. PATRICK N.D. OGHUVWU & ANOR

AKINTAN, J.C.A. (Delivering the Leading Judgment): The appellant and the first respondent were members of First Christ Apostolic Church Mission. But due to a dispute within that church, there was a split among the members as a result of which the appellant and the first respondent were in different camps. The appellant's faction is known as First Christ Apostolic Church Mission while the other faction which the first respondent was a member is known as Christ Apostolic Church.

As a result of the raging dispute between the factions, the appellant lodged a report with the police at Agbarho Police Station. The first respondent and two members of his faction were arraigned before the Agbarho Senior Magistrate's Court presided over by the 2nd respondent, Mrs. Ogene, a Senior Magistrate Grade I. The charges preferred against them are that of conspiracy and stealing of some properties of the church. The criminal trial was before the 2nd respondent. At the close of the case for the prosecuti…