(2018) JELR 39173 (CA)    

Court of Appeal  ·  CA/L/928C/2017 ·  9 Mar 2018 ·  Nigeria
TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
national security
administration of criminal justice act
counter affidavit
trial court
bail application
leading judgment
pump action rifles
abimbola osarugue obaseki-adejumo
exercise of its discretion
grant of bail
lagos state
learned trial judge
plateau state
ruling of the federal high court
violent crimes
accused trial
appellant counsel
application of the 5th defendant
assistant director department of public prosecutions
bail application of the appellant
brief of argument
capital offence
cases of eyu v
cases of ogueri v
constitution of the federal republic of nigeria
count charge
decision of the trial court
fast rule
following sections
importation of fire arms
interlocutory appeal
j. i. ajakaye
judicial notice of a particular offence
lower courts consideration
person accused of an offence
relevant documents
security issues
senior state counsel
single ruling
statement list of exhibits
statements of the defendants
supreme court
ugochukwu anthony ogakwu
view of the provisions of section

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the Federal High Court sitting in Lagos State; coram FAJI, J., delivered on the 6th of July, 2017. The Ruling is against a bail application and the Appellant being dissatisfied with the Ruling filed a Notice of Appeal on 17th July, 2017.

The Appellant was facing a nine count charge in the lower Court mainly for conspiracy to import fire arms amongst others. The charge was accompanied by proof of evidence and additional proof of evidence pursuant to the Administration of Criminal Justice Act, 2015. The information had list of witnesses, their statement list of exhibits, statements of the defendants and bill of lading together with other relevant documents. After service, the Appellant filed a summons for bail while the Respondent filed its counter affidavit with a written address on 28th of June, 2017. After adoption and hearing the lower Court refused same …

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