OZOUGWU
V.
THE STATE
·
Ozougwu v. State (2006) 9 NWLR (Pt. 985) 240
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…