TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment): This appeal is sequel to the decision of the Enugu State High Court of Justice, holden at Enugu, which on 17th January, 2017; dismissed the appellants application for bail, pending his trial. The appellant along with some other ten (10) persons are arraigned in the murder charge No. E/56c/2016 The State v. Dennis Ozongwu and Ors pending at the Court below, in respect of the killing of Barrister Theophilus Ejimofor Ozongwu on 23rd December, 2015 at Okwojo Ngwo the common village/community of the deceased and the accused persons.
The appellant, with the leave of this Court having been sought and obtained, on 23rd June, 2017 filed his appeal against the decision of the Court below. The appeal is erected on three 3 grounds.
In order to prosecute the appeal, the appellant was armed with the appellants brief of argument dated and filed on 18th September, 2017. On the other hand, the respondents brief of argument dated and filed on 30…