(2018) JELR 38673 (CA)    

Court of Appeal  ·  CA/B/403C/2017(R) ·  22 Jun 2018 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
accused person
counter affidavit
exhibit b
lower court
medical report
applicants counsel
cottage hospital
exhibit d
further answer
lagos state university teaching hospital
better affidavit
exhibit c
exhibits a
honourable court
14th day of september
affidavit of urgency
appellant bail
attached exhibits
behalf of the applicant
benin prisons
better counter affidavit
copy of a medical report
copy of another medical report
copy of the extra-judicial statement of the applicant
criminal procedure act
custody of the law
exhibits f
final determination of their charge
following orders
further counter affidavit
given case
ill health of the applicant
last date
medical certificate
order of this court
own case
paragraph affidavit
plateau state
respondent aver
respondents answer
said affidavit
said application
said charge
support of the application show
true copy

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated and filed on the 14th day of September, 2017, the Applicant herein prayed this Court for the following orders:

1. AN ORDER of this Court granting the Appellant bail on favourable terms, pending the final determination of their charge and or their trial on the said charge.

2. AND for such order(s) as this Honourable Court may deem fit to make in the circumstances.

The grounds for the said application were stated as follows:

(1) The ill health of the Applicant.

(2) Applicants further stay in prison will jeopardise his life.

(3) The evidence available against the Applicant is weak.

The application is supported by an 18 paragraph affidavit sworn to by the Applicant himself and attached to the said affidavit are six documents marked Exhibits A to F.

Exhibit A is a certified true copy (CTC) of a 10 count charge for which the Applicant and others are facing trial in the lower Court; Exhibit B is the copy of a…

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