RHODES-VIVOUR, JCA (Delivering the Leading Judgment): After hearing arguments on 9/5/06 judgment was reserved. It was thereafter fixed for delivery on 24/5/06, but on that day counsel on both sides were not in court. Judgment was then adjourned for delivery on 6/6/06.
I now deliver Judgment.
The appellant, by way of summons on notice moved for pre trial bail. The learned trial Judge Hon. Justice P. E. Olayiwola heard arguments and in a considered ruling refused bail.
Dissatisfied with the ruling refusing bail, the appellant has appealed to this court and has asked that his appeal is determined on the two issues, which read:
"1. Whether it is a judicial and judicious exercise of discretion for the learned trial Judge to have refused bail to the appellant when the respondent admitted that the so called proof of evidence was incomplete, the matter was still under investigation and the prosecution was still looking for the evidence to support the charge.
2. Whether from the totality of th…