Musa v. C.O.P.  9 NWLR (Pt.879)483 Musa v. C.O.P. (2004) 9 NWLR (Pt. 879) 483
AMIRU SANUSI Justice of The Court of Appeal of Nigeria
CECILIA IFEYINWA NZEAKO Justice of The Court of Appeal of Nigeria
IKECHI FRANCIS OGBUAGU Justice of The Court of Appeal of Nigeria
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ruling of the plateau state high court
learned high court judge
facts of the case
grant of the appellant
various criminal offences
favour of the appellant
decision of the court
upper area court of plateau state
high court of plateau state
respect of the charge of culpable homicide
proof of evidence
support of their application
prima facie evidence
said upper area court
case no. pld
accused notice of the matter
federal high court
date of his arrest
order of the said upper area court
enforcement of their fundamental human rights
grounds of appeal
issue of the absence of any proof
re ja isuman
dpp of plateau state
IKECHI FRANCIS OGBUAGU, JCA (Delivering the Leading Judgment): This is an appeal against the decision/ruling of the Plateau State High Court, presided over by Mann, J. sitting as a vacation Judge and delivered on 16th September, 2002.
Each of the appellants, filed a separate notice and grounds of appeal containing the same five (5) grounds of appeal. Without their particulars, they read as follows:
The learned High Court Judge misdirected himself in law by disregarding and refusing to follow the decision in Anaekwe v. C.O.P. (1996) 3 NWLR (Pt. 436) 320 (sic) and thereby refused bail to the appellant. And thereby occasioned a miscarriage (sic).
The lower court misdirected itself in law, in undermining and/or making nonsense of presumption of innocence in favour of the appellant by wrongly invoking and interpreting section 35(7) (a) of the Constitution. And thereby, occasioned a miscarriage of justice.
The decision of the court below is against the evidence b…
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