MRS. MOPELOLA SAIDU V. THE STATE & ORS

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The appellant is one of the four (4) persons arraigned at the Chief Magistrate's Court Port Harcourt, on charge no. PMC/443C/2004. The Attorney General of Rivers State (then one K. A. Chikere, Esq.) had felt at some point that it was better the trial of these four (4) persons be conducted in the High Court of Justice of Rivers State and that a private legal practitioner, P. O. Ukposi, Esq., should represent him in the prosecution of the said four (4) persons at the High court. The Attorney General on 18th May, 2010 under his own hand issued fiat no. MJ/DPP/236/S.10/vol.XIV/275 under the title: CHARGE NO.: PMC/443c/12004 - THE STATE v. LACHMAN PUNJABI and 3 ORS; AUTHORITY TO PROSECUTE. The fiat copied at page 128 of the Record states:

"By virtue of the powers conferred on me by Section 77 (1) (a) (iii) of the High Court's Law (Cap. 62, Laws of Rivers State of Nigeria, 1999) and of all powers enabling me in that behalf, I, K.A. CHIKE…