Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FASEHUN & ORS.
V.
AG FEDERATION

(2006) JELR 45528 (CA)    

Court of Appeal  ·  CA/A/01/M/C/06 ·  2 Mar 2006 ·  Nigeria
 · 
Other Citations
Fasehun v. A.-G., Federation (2006) 6 NWLR (Pt. 975) 141
CORAM
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria MARY UKAEGO PETER ODILI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
application
applicants
bail
section
court
counsel
court of appeal act
lower court
federal high court
determination of their appeal
unsigned document
appellate jurisdiction
deplorable conditions
learned counsel
medical doctor
medical practitioner
mr. diri
notice of appeal
original jurisdiction
provision of the constitution
1st appellant
1st applicant
22nd day of december
abuja court
abuse of the process of this court
bail of the applicants
charge sheet
court of first instance
date of his arrest
dr. fredrick fasehun
grant of bail
grounds of appeal of the substantive appeal
ill-health
issue of bail
issues of the health of the 1st applicant
lead ruling
learned trial judge
lower court coram chikere
major point
mr. ajayi edward olushola
pathologist report
respect of the heart condition of the 1st applicant
rhodes-vivour
ruling of the 22nd december
said provisions
shred of evidence
support of the motion
suspicion of any criminal offence
united states of america

ADEKEYE, J.C.A. (Delivering the Lead Ruling): In an application for bail filed before this court on the 6/1/06 the appellant/applicants - Dr. Fredrick Fasehun, Mr. Ajayi Edward Olushola and Alhaji Mudashiru Adeniji are praying for an order granting them bail pending the determination of their appeal against the decision of Okereke, J. at the Federal High Court given on the 22nd of December, 2005.

The application was brought pursuant to section 28(1) of the Court of Appeal Act, 2004. The application is supported by a 36 paragraph affidavit with attachments marked as ex1. IF - IFA. The counsel for the applicants Chief G. O. K. Ajayi, SAN in arguing the application relied heavily on section 35(4) of the 1999 Constitution, which in a nutshell, provided that anybody in custody on suspicion of any criminal offence must be released on bail conditionally or without condition, if not tried within two months. The provision of the Constitution is mandatory. The applicants were arrested on the 22…

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