OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal from the ruling of the Federal High Court holden at Lagos presided over by his lordship, the Honourable Justice M. L. Shuaibu delivered on the 19th March, 2004 wherein all the appellants’ applications for bail pending trial were dismissed. It is of significance to state that all the five appellants were each arraigned before the Federal High Court holden at Lagos on various counts or charges of forgery and diverting various cheques meant for Federal Government totalling over N20 million, contrary to section 3(2)(a) of the Miscellaneous Offences Act, Cap. 410 Laws of the Federation of Nigeria, 1990 as amended by Act No. 62 of 1999. The nature of the offence is that which attracts 21 years imprisonment.
All the five appellants and one other involved in the case, individually filed separate applications for bail pending trial by way of summons on notice and supported by affidavit. The respondent did not file any counter- aff…