DOLAPO
V.
FRN

(2016) JELR 46479 (CA)

Court of Appeal · CA/I/198/2015 · 29 Jan 2016 · Nigeria

CORAM

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

appellant

bail

applicant

trial

discretion

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 …

DOLAPO V. FRN

DOLAPO
V.
FRN