Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 43810 (CA)    

Court of Appeal  ·  CA/L/231/2000 ·  2 Nov 2000 ·  Nigeria
Other Citations
Danbaba v. State (2000) 14 NWLR (Pt.687)396
Danbaba v. State (2000) 14 NWLR (Pt. 687) 396
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
trial judge
african charter
criminal procedure code
appellant bail
exercise of discretion
accused person
evidence act
accused persons
appellate court
discretionary power
grant of bail
interpretation of section
court of appeal
determination of this court
discretionary power of the court
exercise of its discretion
further counter-affidavit
prosecution witnesses
30-paragraph affidavit
alabi j. evidence of 1st prosecution
clear provisions of sections
criminal procedure law cap
denial of bail
exceptional circumstances
exercise of the discretion
following cases
following scenario
further affidavit of the respondent
important consideration
lagos state
laws of lagos state
learned brother abdullahi jca
learned judge
primary consideration
provisions of the constitution
rank of commissioner of police
refuse bail lies
said paragraphs
security matters
seriousness of the charge
surrounding circumstances of the case
view of his social status

GALADIMA, JCA (Delivering the Leading Judgment): This is an appeal by the 1st accused person against the ruling of Alabi J. dated 10th of May, 2000 wherein the learned Judge refused the application for bail dated the 16th of December, 1999.

I will summarise the facts leading to this application. On the 3rd of February, 1996, one Alex Ibru was shot by gunmen at the Falomo flyover in Lagos. He however survived the attack. The appellant and four other persons were accused and subsequently charged for offences including conspiracy to murder and attempted murder in the information filed by the State and dated the 26th of January, 2000

Meanwhile, the appellant and the four accused persons have been arraigned before Alabi J. Evidence of 1st prosecution has been taken at the trial.

On the 16th of December, 1991, the appellant brought a summons for bail which was supported by a 30-paragraph affidavit and 7 exhibits. The respondent in opposition to bail deposed to a counter-affidavit and furthe…

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