The Appellant and 33 others were arraigned before the Respondent (The Miscellaneous Offences Tribunal, Eastern Zone, Owerri) on a two count charge of Arson of Dwelling Houses under (i) Section 3(4)(a) of Special Tribunal Decree, 1984 as amended by Decree No. 22 of 1986 and (ii) Arson of Cultivated Crops under Section 3(5) of the said Decree, 1984 as amended. (Charge No. MOJ/IM/16C/90)
Upon an ex parte application for leave to apply for an Order of Prohibition to restrain die Respondent herein from further proceeding with charge No. MOJ/IM/16C/90 on the ground that the Respondent lacked the jurisdiction to hear and determine the said charge, the learned trial Judge on 26th October, 1990 granted leave to the Appellant to apply for the said order and also made an Interim Order restraining the Respondent from further trial of the said charge.
The Appellant subsequently filed a Motion On Notice praying the court for the following orders:
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1
An Order of Prohibition prohibiting the Respondent from further proceeding with the trial of Charge No. MOJ/IM/16C/90: The Federal Republic of Nigeria vs. Chikezie Onyeanusi and 33 Others.
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2
An Order staying the proceedings of the Miscellaneous Offences Tribunal holding at Owerri, Imo State in Charge No. MOJ/0/16C/90: The Federal Republic of Nigeria vs. Chikezie Onyeanusi &. 33 Others. "
The motion on notice was argued and on 30th April, 1991, the learned trial Judge Ubah, J. (as he then was) in a considered ruling struck out the application and discharged the Interim Order. He concluded his ruling thus:
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"And so, even if the Tribunal exceeded its jurisdiction while purporting to act under the Decree, it seems to me that this Court cannot properly issue a Prerogative Order or otherwise entertain any suit in respect of anything done or purported to be done under the Decree. This action is incompetent and the exercise under it is void. Accordingly the Suit is struck out with N500.00 costs."
Dissatisfied with the ruling of the learned trial Judge, the Appellant appealed to the Court of Appeal. That court dismissed the appeal. He has further appealed to this court.
