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 …

OMODARA V. STATE

OMODARA
V.
STATE