ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the decision/ruling of the lower court, Coram N. Adigwe J., at the Iho High Court of Imo State, delivered on 4 February 2003, wherein he granted bail in a murder charge to the accused persons charged before him when their plea had not been taken and when he had expressed his unwillingness to continue with hearing of the said murder case. The facts of the case that gave rise to the appeal under consideration as can be gathered from the record of proceedings and the submissions of the learned counsel on both sides are briefly that: The accused are standing trial in the court below for the murder of one Anulike Duru, who was alleged to have been killed by the accused on13 June 2000. The prosecutions, before the matter was called up in the lower court encountered some difficulties in serving the 2nd to the 5th accused persons with hearing notice as they were granted bail by the Magistrates' Court. Against this backg…
STATE
V.
OZUZU
(2008) JELR 51382 (CA)
Court of Appeal 21 Jan 2008 Nigeria
BriefBot Summary
- The respondents were charged with murder but had not yet taken their plea when the High Court Judge, expressing unwillingness to hear the case, granted them bail without a formal application or invitation to the prosecution to address the
Case Details
Suit Number:CA/PH/123/2003
Judges:MOHAMMED LAWAL GARBA JCA (Presided) TIJJANI ABDULLAHI JCA (Read the Lead Judgment) KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA
Counsel:K. C. Nwokorie, Assistant Chief Legal Officer, Ministry of Justice, Imo State - for the Appellant.
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D. O. Agbo, Esq. - for the Respondents.
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