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(2006) JELR 46494 (CA)    

Court of Appeal  ·  CA/A/245/M/2005 ·  6 Jun 2006 ·  Nigeria
Other Citations
Dokubo-Asari v. F.R.N. (2006) 11 NWLR (Pt. 991) pg.324
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

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view of the totality of the affidavit evidence

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…

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