(2006) JELR 39875 (CA)    

Court of Appeal  ·  CA/A/81C/M/06 ·  26 Apr 2006 ·  Nigeria
Other Citations
Ojo v. F.R.N. (2006) 9 NWLR (Pt.984) pg. 103
Ojo v. F.R.N (2008) 11 NWLR (Pt.1099)
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria OLUFUNMILOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
exceptional circumstances
lower court
court of appeal act
hearing of the appeal
corrupt practices
determination of the appeal
record of appeal
related offences act
appeal court
criminal conspiracy
grant of bail
judgment of the lower court
lead ruling
notice of appeal
result of a considerable proportion of the sentence
types of bail
unusual circumstances
years imprisonment
admission of an appellant
applicants chief fagbohungbe
best efforts
case of no case submission
court exercise
court of trial
determination of the charges
enable law
following terms
grounds of appeal
important point
inherent jurisdiction of this honourable court
land owner
learned counsel
learned san
nature of the offences
present appeal
prison sentences
provisions of section
rules of this court
second condition
single person
such special circumstances
supreme court
theophilus adenuga tunwashe
view of the aforesaid precedent
west african court of appeal

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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