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OKUSE
V.
STATE

(2015) JELR 34561 (CA)

Court of Appeal 23 Jun 2015 Nigeria
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- The appellant, convicted for conspiracy to commit felony (kidnapping) and sentenced to 7 years imprisonment by the High Court of Justice, Ughelli, sought bail pending appeal, alleging asthmatic illness unmanaged in prison. - The applicati

Case Details

Suit Number:CA/B/429C/2014(R)
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Counsel:B. E. Olowonubi holding the brief of O. Ituru For Appellant C. O. Agbagwu Chief State Counsel Delta State For Respondent

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling): This is an application dated and filed on 30/05/2015 praying for the following order:

AN ORDER of Court granting bail to the Appellant/Applicant pending the determination of the Appellant/Applicant's appeal.

The application is supported by a 19 paragraph affidavit deposed to by the wife of the Applicant. The pertinent paragraphs 10-14 in the affidavit is as set out below:

10. The Appellant/Applicant before his imprisonment is an asthmatic patient. The asthma was managed by our family trado-medical practitioner who regularly apply some traditional herbs on the Appellant/Applicant as there is no known orthodox cure for asthma.

11. The Appellant/Applicant since his incarceration has had several asthmatic attacks.

12. On 23rd March,2015 at the Federal Prison, Warri, the Appellant/Applicant informed me at about 1:30pm and I verily believed him that on 22nd March, 2015 he had severe attack and it was the divine intervention of…

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