AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court Lagos in suit No. FHC/L/175c/2003 delivered on 5th March, 2004 admitting the respondent to bail. The background facts are:
The accused now respondent in this appeal was originally arraigned before Shuiabu, J. on a three-count charge. His application for bail was refused. He subsequently appealed to this court (Coram J. O. Ogebe, P. O. Aderemi and C. M. Chukwuma-Eneh, J.J.CA) who dismissed the appeal and affirmed the ruling of Shuaibu, J. The case went back to the Federal High Court where it was assigned to Abutu, J. On 10th February, 2004, the learned trial Judge granted leave to the prosecution to amend the charge and five new counts were added to the existing three-counts, thereby bringing the counts on the charge sheet to eight. The respondent then re-applied for bail which the appellant opposed.
On 5/3/2004, the respondent was admitted to bail. The appellant has appeale…