(2001) JELR 44370 (CA)    

Court of Appeal  ·  CA/L/301/2001 ·  8 Oct 2001 ·  Nigeria
Other Citations
Ani v. State (2002) 1 NWLR (Pt 747)217
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
high court
court of appeal act
learned counsel
medical report
trial court
accused applicant
lower court
consideration of the high court
criminal procedure law of lagos state
diabetes mellitus
grounds of appeal
real question
support of the application
burden of proof lie
form of material
ikeja general hospital
issue no.
murder trial
abiola vs federal republic of nigeria
absence of a medical report
accused places
application of the appellant
behalf of the applicant
consideration of the issues
count charge of murder
court of appeal rules
established principle of law
filing of briefs of argument
following considerations
given case
grant bail
hearing counsel
high court of lagos state ikeja judicial division
law place
learned judge
murder cases
o. o. obadina
reasonable doubt
release of the appellant
ruling of the learned trial judge
state of the health of the applicant

O. O. OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Adesanya J, of the High Court of Lagos State Ikeja Judicial Division, delivered on June 7, 2001.

The appellant was arraigned on the 17th of May, 2001 at the Ikeja Judicial Division of the Lagos High Court on a one count charge of murder. He pleaded not guilty to the charge.

By a motion on notice dated 28th of May, 2001, and brought pursuant to sections 118 and 123 of the criminal procedure Law of Lagos State and section 35 of the 1999 Constitution, the appellant's counsel prayed for the release of the appellant on bail pending the determination of the matter. The application was supported with affidavit and exhibits. The respondent filed a counter-affidavit against the application.

In paragraph 5 (d) and (e) of the affidavit in support of the application, it was deposed on behalf of the applicant inter- alia as follows:


(d) That the accused/applicant is suffering from diabetes mellitu…

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