OGUERI
V.
STATE

(2000) JELR 43956 (CA)    

Court of Appeal  ·  CA/PH/269M/99 ·  12 Jul 2000 ·  Nigeria
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
bail
application
court
appeal
high court
prison custody
constitutional rights
date of his arrest
metu j
aboyi john ikongbeh
accused person
affidavit evidence
allegation of facts
alleged crime
appellant access
appellant ought
cases health
civilized countries
consequential orders
cornerstone of this case
count charge of murder
different activities
earlier trial of the case
facts of deposition shows
final determination of a case
framers of the constitution
grant of bail
great jurists
hearth of the applicant
honourable court
ignatius chukwudi pats-acholonu
indefinite detention
justice of the instant situation
law makers
leading judgment
learned defence counsel
learned trial judge
letter exhibit
long time
offence of murder
peculiarity of this case
person accused
person of means
procedural law
prosecution witnesses
reasonable cause
refusal of the learned trial judge
rule of law reigns
state of his health
urban area

IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The cornerstone of this case is Whether the Appellant who was charged with the offence of murder and whose application for bail was rejected by Metu J (now retired) who was then seized of the matter and which case is now transferred to Ogugua J and who similarly rejected his application for bail ought on the affidavit evidence to be granted bail. This appeal arises from the refusal of the learned trial Judge, Ogugua J, to grant the application for bail.

In the application of this nature the requirement for granting of bail is very stringent and facts attendant thereto must be strong and persuasive enough to make the court accede to the application for bail. The learned trial Judge in dismissing the application said that the learned defence counsel kept on referring her to the proceedings at the earlier trial of the case before the matter was assigned to her and then said that of the 3 premises on which the appl…

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