Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108863 (CA)    

Court of Appeal  ·  CA/LAG/PRE/ROA/CR/158/21(R) ·  14 Jul 2021 ·  Nigeria
Fatima Omoro Akinbami JCA Frederick Oziakpono Oho JCA Abdullahi Mahmud Bayero JCA

Ratio Decidendi

Core Terms Beta
medical report
special circumstances
abdullahi mahmud bayero
case file
further affidavit
honourable court
nigerian correctional service
support of the motion
urgent need of medical treatment
compilation of the record of appeal
counter affidavit
credible evidence
further counter affidavit
grant of bail
lagos state
medical facilities
prison authorities
state of health of the applicant
alleged ill health of the applicant contrary
applicable principles of law
attached exhibit h
circumstances of this case
conviction of the applicant
court of appeal rules
determination of the appeal
fatima omoro akinbami
frederick oziakpono oho
grant of this application
health challenges
hypertensive heart disease
inherent jurisdiction of this court
jail term
judgment of the high court of lagos state
long time
lower court
medical doctors
medical facility
motion of the appellant
paragraph affidavit
queen street
requirement of special medical attention of applicant
sole issue
such further order
support of the appellant
supreme court
urgent medical attention
way of motion
written address
years imprisonment

ABDULLAHI MAHMUD BAYERO, J.C.A. (Delivering the Leading Judgment): Before this Honourable Court is an application by way of Motion on Notice filed on 24/02/2021 and brought pursuant to Order 17 of the Court of Appeal Rules 2009, Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the inherent jurisdiction of this Court. It prays for the following:-

​An Order of this Honourable Court admitting the Applicant to bail pending the determination of the Appeal filed against the Judgment of the High Court of Lagos State delivered by I. A. Okunnu J on 5/01/2021 in Charge No. ID/115c/2011.

For such further Order(s) as this Honourable Court may deem fit to make in the circumstances.

The grounds for the application are stated therein. In support of the Motion is a 16 Paragraph affidavit deposed to by one Kate Nwosu of Number 1A, Lugard Avenue, Ikoyi, Lagos State with 9 (nine) Exhibits marked as Exhibits A, B, C, D, E, F, G, H and I.

In opposing the motion of the Ap…

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