(2018) JELR 46278 (CA)    

Court of Appeal  ·  CA/E/57C/2017 ·  2 Feb 2018 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
7th accused
ill health
record of appeal
university of nigeria teaching hospital
appellants application
exhibits du
prison custody
accused persons
affidavit evidence
exceptional circumstance
said exhibit du
appellants brief of argument
attorney general
entire circumstances
enugu prison
learned trial judge ought
okwojo ngwo
respondents brief of argument
state v
wife of the 7th accused
appellant bail
appellants reply brief
authority of the 7th accused
case file
charge of murder
chief p. m. b. onyia
complaint of the applicant
dennis ozongwu
exhibits of the appellants
fact of appellants
ground of ill health
leave of this court
medical care
mother of christ specialist hospital enugu
mrs. angelina o. ugwu
murder charge no. e
murder trial
peptic ulcer
quality of medical evidence of ill health
said prison
serious health condition
special circumstances
sp medical of the nigerian prison service
such heinous crime
true copy of the charge sheet men

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…

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