(2006) JELR 40271 (CA)    

Court of Appeal  ·  CA/IL/M.52/2005 ·  8 May 2006 ·  Nigeria
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
prison custody
high court of justice
learned trial judge
lower court
accused person
accused applicant
chief magistrate
criminal offence
date of his arrest
kwara state
magistrate court
order of this honourable court
personal liberty
reasonable time
respective briefs of arguments
secret societies
special circumstances
virtue of section
years imprisonment
bail of the applicant
capital offence
challenge of the exercise of the discretion
chief magistrate court ilorin
criminal procedure code
educational institution
enwere v. c.o.p
facts of delay
final determination of this case
final year higher national diploma
first information report
following cases
grounds of appeal
high court
high court judge
honourable court
leading judgment
learned chief magistrate
learned trial
member of secret cult
notice of appeal
offence of membership of a secret society
order of detention
rampancy of the alleged offence
such order of further order

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The Appellant in this case, Mr. Fajana Ifedayo O, was arraigned before the Magistrate Court on a FIRST INFORMATION REPORT (F.I.R.) on the allegation of "being a member of Secret Cult contrary to Section 11(i) of the Secret Cult and Secret Societies in Educational Institution (Prohibition) Law 2004 of Kwara State. The learned Chief Magistrate refused to admit him to bail and ordered that he be remanded in prison custody thereafter filed an application before the High Court of Justice, Ilorin wherein he claims the following reliefs:-

(1) "AN ORDER of this Honourable Court Vacating the Order of detention made against the Accused/Applicant on the 3rd of November, 2004 by the Chief Magistrate Court Ilorin.

(2)AN ORDER of this Honourable Court admitting the Accused/Applicant to bail pending the final determination of this case.

(3) AND for such Order of further Order as Honourable Court may deem fit to make in the circumstances of…

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