(2006) JELR 45726 (CA)    

Court of Appeal  ·  CA/E/73M/2005 ·  6 Feb 2006 ·  Nigeria
Other Citations
Ozougwu v. State (2006) 9 NWLR (Pt.984) pg.240
Ozougwu v. State (2006) 9 NWLR (Pt. 985) 240
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
accused person
proof of evidence
special circumstance
trial court
capital offence
high court
lead judgment
offence of murder
charge of murder
exercise of discretion
following cases
given case
magistrate court
new facts
particular case
special circumstances
view of the fact
advice of ogebe
appellant mr. ozokolo
behalf of the accused
chief magistrates court
circumstances of the case
coercive circumstances
consideration of the nature of the offence
criminal antecedents of the accused person
decisive factor
evaluation of the affidavit evidence
favour of the respondents
good proof of evidence
grant of bail
high court of justice
interest of the prosecution
leading judgment
learned chief magistrate
learned counsel
learned judge
learned magistrates
number of factors
preview of the lead judgment
purposes of bail
reasonable doubt
senior magistrate court enugu

BADA, J.C.A. (Delivering the Leading Judgment): On the 3rd day, of February 2005 the appellant and six others were at different times charged for murder and arson before the Chief Magistrates Court and Senior Magistrate Court Enugu. The learned Magistrates ordered that the accused person be remanded in Enugu prison. An application for bail was filed before the High Court of Justice, Enugu on behalf of the accused/appellant. The learned Judge refused the application on the ground inter alia that the accused did not show compelling or coercive circumstances.

Dissatisfied with the refusal of the application, the appellant has come to this court. Briefs were duly filed and exchanged. The appellant formulated two issues for determination:

"(1) Whether the learned trial Judge was right in refusing bail to the appellant arraigned in the Magistrate court for murder when information has not been filed in the High Court.

(2) Whether the learned trial Judge in refusing bail exercised her discr…

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