OMODARA
V.
STATE

(2003) JELR 44838 (CA)    

Court of Appeal  ·  CA/L/431/02 ·  27 Mar 2003 ·  Nigeria
 · 
Other Citations
Omodara v. State [2004] 1 NWLR (Pt.853)80
Omodara v. State (2004) 1 NWLR (Pt. 853) 80
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
bail
appellant
trial
learned trial judge
appeal
issue
grounds of appeal
trial judge
accused person
conclusion of the learned trial judge
lagos state
trial court
grant of bail
leading judgment
lower court
murder charge
proof of evidence
prosecution witness
special circumstances
state security service
accused standing trial
appellant chief adegboyega awomolo
bail fails
best position
case of the prosecution
chief security detail
conclusion of investigation
detailed consideration of this application
exceptional circumstances
exercise of this discretion
facts of the record
fundamental issue
fundamental principles
hearing of this appeal
lagos chief magistrate court
learned senior advocate
main issue
main objective of bail
none of the witnesses
prosecution witnesses
ruling of the court
ruling of the high court of justice
senior advocate
severe punishment
single issue
support of the said issue
trial judge grants
view of available facts

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Justice of Lagos State delivered on 18/10/2002 by Hon. Justice A. A. Oyebanji.

The appellant, an applicant for bail in the lower court; was a public officer in the State Security Service and the Chief Security detail to the then Deputy Governor of Lagos State Mrs. Chief Kofoworola Bucknor-Akerele. He was accused of the murder of one Odunola Alli on 5/5/2000. Before his arraignment, he was remanded in prison custody by a Lagos Chief Magistrate court. On 10/10/2000, a Lagos High Court admitted him to bail pending the conclusion of investigation.

However, on 19/9/2002, by information made under the hand of the Director of Public Prosecution of Lagos State, the appellant was formally charged with murder contrary to section 319(1) of the Criminal Code, Cap. 32, Laws of Lagos State. An application for bail was moved but the learned trial Judge dismissed it on 18/10/2002 with …

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