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OJO & ANOR.
V.
FRN

(2006) JELR 39875 (CA)

Court of Appeal 26 Apr 2006 Nigeria
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- This is a motion on notice brought under the Court of Appeal Act and the inherent jurisdiction of the court. - The applicants are seeking bail pending the hearing and determination of their appeal against a judgment of the lower court. -

Case Details

Suit Number:CA/A/81C/M/06
Judges:IBRAHIM TANKO MUHAMMAD JCA OLUFUNMILOLA OYELOLA ADEKEYE JCA OLABODE RHODES-VIVOUR JCQ
Counsel:Chief F. O. Fagbohunge, SAN (with him, Ayo Ajayi, Esq. and Abidemi Olabogbolu, Esq.) For the Appellant; C. I. Onuogu [Mrs], (AD FMOJ) (with her, I. Sabiu (CLO); Lawal A. [Mrs.] (ACLO); M. B. Zakari (SLO) andA. J. Sule (CLO) For the Respondent.
Other Citations:Ojo v. F.R.N. (2006) 9 NWLR (Pt.984) pg. 103, Ojo v. F.R.N (2008) 11 NWLR (Pt.1099), (2005) JELR 45151 (CA), (2008) JELR 46698 (CA)

MUHAMMAD, J.C.A. (Delivering the Lead Ruling): This is a motion on notice brought pursuant to the provisions of section 29(1) of the Court of Appeal Act and under the inherent jurisdiction of this Honourable Court. The single relief prayed for in the said motion is for:

"An order admitting the appellants to bail pending the hearing and determination of the appeal filed by the appellants against the judgment of the lower court delivered on 17th March, 2006."

In moving the motion, learned SAN for the applicants Chief Fagbohungbe stated that the motion was supported by an affidavit of 28 paragraphs. He relied on all the facts deposed to in the affidavit and urged this court to accept all the facts as true as they had not been controverted in any manner by the respondent. The learned SAN submitted that they filed their notice of appeal and compiled and transmitted the record of appeal. He argued further that all the 8 grounds of appeal are quite arguable and have high prospects of succes…

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