ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Ibadan Division, delivered on 19th June, 2015, in charge number FHC/IB/32C/2015.
The Appellant as the 4th Accused was arraigned on 03/06/2015, along with other 5 persons on a diverse 20 count charge. They each pleaded not guilty. The matter was adjoined to 08/06/2015 for trial and the Accused persons, were ordered to be remanded in prison custody. The Appellant continued being in prison custody. In a summons for bail dated 01/06/2015, but filed on 02/06/2015, the Appellant/Applicant sought for an order admitting him to bail pending the hearing and determination of the charge against him.
The summons was brought pursuant to Sections 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Sections 118(2) and 123 of the Criminal Procedure Act, Sections 7(4), 26(1) and 33(1) and (2) of the Federal High Court Act, Section 16 of the …