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ALAYA
V.
THE STATE

(2007) JELR 45837 (CA)    

Court of Appeal  ·  CA/IL/58C/2005 ·  5 Feb 2007 ·  Nigeria
 · 
Other Citations
ALAYA V. THE STATE (2007) 16 NWLR (Pt.1061) 483
Alaya v. State (2007) 16 NWLR (Pt. 1061) 483
CORAM
MUHAMMAD SAIFULAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
applicant
c.o.p
learned trial judge
lower court
appellant's counsel
exceptional circumstances
proof of evidence
refusal of bail
accused person
counter-affidavit of the respondent
criminal procedure code
holding charge
kwara state
laws of the federation of nigeria
offences of armed robbery
record of proceedings
trial judge
accused bail
better affidavit
case of musa v
criminal offence
further counter-affidavit
high court of kwara state
judicial authorities
special provisions
weight of evidence
alleged offences of robbery
bail grant principles
bail of the accused person
b-c
capital offender
chief magistrates court
chinemelu c.o.p
class of the appellant
confessional statement of the accused person
court of appeal decision
exercise of the discretion
following terms
ground of want of jurisdiction
honourable court
inherent jurisdiction of the court
learned chief magistrate adegbite
lower courts reliance
nature of bail
reasonable grounds
respective counsel
said supol isiaka umar counter
student of kwara state polytechnic ilorin
subject of this appeal
such bail

AGUBE, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of M. A. Akoja, J. delivered on the 6th day of September, 2004 in the High Court of Kwara State sitting at the llorin Division, wherein he refused the accused bail pending his trial for the offences of armed robbery and unlawful possession of fire arms contrary to sections 1 (2) and 3(1) of the Robbery and Firearms (Special Provisions) Act. Cap. 398, Laws of the Federation of Nigeria. 1990.

The application was grounded under sections 341 of the Criminal Procedure Code. 36(5) and (6) of the 1999 Constitution and the inherent jurisdiction of the court below.

From what has been gathered from the record of proceedings and briefs of argument filed by respective counsel to the parties, the accused/applicant/appellant was first arraigned in the Chief Magistrates Court on an F. I. R. (First Information Report) disclosing the alleged offences of robbery and unlawful possession of arms and upon an application fo…

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