(2016) JELR 46479 (CA)    

Court of Appeal  ·  CA/I/198/2015 ·  29 Jan 2016 ·  Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
4th defendant
trial court
appellate court
accused person
behalf of the appellant
ill-health of the appellant
administration of criminal justice act
trial judge
father of the appellant
proof of evidence
record of appeal
credible evidence
enough facts
reasonable doubt
refuse bail
4th accused
counter affidavit of the respondent
grant of bail
medical report
applicants ill-health
border line case
charge number fhc
copious counter affidavit
counsel mr. ruba
criminal procedure act
determination of the charge
exceptional circumstances
exercise of judicial discretions
federal high court act
further evidence
inherent jurisdiction of the federal high court
mere fact
paragraph affidavit
part of the ruling of the learned trial judge
proper exercise of judicial discretion
related offences act
ruling of the federal high court
special circumstances
success of his bail application
witnesses of the charge

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 …

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