<p><strong>MOHAMMED LADAN TSAMIYA, JCA</strong> (Delivering the Leading Judgment): This is an appeal against the decision of Rivers State High Court sitting in Port Harcourt the capital of the State. The decision appealed against was delivered on 13/4/2006 dismissing the appellant&#x27;s Motion on Notice praying for leave to apply for an order of certiorari.</p><p> The appellant along with 3 others were arraigned before the Chief Magistrate Court, in Port Harcourt Magisterial District in the charge No.PMC/284C/2004. On 12/7/2004 when the trial commences, all the 4 accused persons were present in the court but only 1st accused was represented by his counsel while appellant, being the 2nd accused person and 3rd and 4th accused were not represented by their counsel because the counsel for them left the court premises before the arrival of the Chief Magistrate, on the reason that they arranged with the court&#x27;s clerk for the adjournment of the case to another date. As they left the court, the Magistrate arrived and comme…</p>