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FRN
V.
BULAMA

(2005) JELR 45289 (CA)    

Court of Appeal  ·  CA/L/129/2004 ·  3 Feb 2005 ·  Nigeria
 · 
Other Citations
FRN v. Bulama [2005] 16 NWLR (Pt.951) Pg. 31
CORAM
KUMAI BAYANG AKAAHS JCA CLARA BATA OGUNBIYI JCA MOHAMMED LAWAL GARBA JCA

Ratio Decidendi

Core Terms Beta
ruling of the federal high court lagos
coram j. o. ogebe
learned trial judge
three-count charge
accused person
ruling of shuaibu
federal high court
exercise of the discretion
senior counsel
grant of bail
l. j.
background facts
virtue of the provisions of section
new counts
court of appeal
leading judgment
decision of shuaibu
discretionary matter
charge sheet
criminal charge
bail
new fact
following cases
present case
favourable view of the case of the respondent
amended charge
concurrent findings of fact
previous refusal
aforesaid judgment of the court of appeal
criminal procedure act
fresh application
serious violation of the provision of section
face of the judgment of the court
court
appeal
federal republic of nigeria
matters of discretion
notice of appeal
release of the respondent
discretion
respondent
briefs of argument
exercise of discretion
humble view
face of new facts
judge of the federal high court
constitution of the federal republic of nigeria
earlier plea
grounds of appeal


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…

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