OGEBE, J.C.A. (Delivering the Leading Ruling): This is an application for bail of the applicant who was convicted by Ikeja High Court of manslaughter of his wife and sentenced to 5 years imprisonment. The applicant appealed to this court and applied to the lower court for bail pending appeal. The lower court refused to grant the application.
The learned counsel for him relied on the supporting affidavit, reply to counter-affidavit and numerous exhibits. The two grounds upon which the applicant seeks for bail are that the record of appeal is yet to be prepared in the registry of lower court because of congestion and he is in poor health and requires medical care which cannot be provided by the prison authorities.
A counter-affidavit was filed on behalf of the respondent denying the averments in the affidavit.
The learned counsel on both sides in their written submissions agreed on the state of law that bail pending appeal where the applicant has been convicted is not granted save in excep…