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SULEMAN
V.
C.O.P., PLATEAU STATE

(2008) JELR 54120 (SC)

Supreme Court 7 Mar 2008 Nigeria
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- The appellants were arrested and detained for armed robbery in October 2002. - They applied for bail pending trial, stating that they did not commit the alleged offense and that the respondent was not willing to prosecute them. - The appl

Case Details

Suit Number:SC. 19/2005
Judges:NIKI TOBI JSC (Presided) SUNDAY AKINOLA AKINTAN JSC (Read the Lead Judgment) MAHMUD MOHAMMED JSC FRANCIS FEDODE TABAI JSC PIUS OLAYIWOLAADEREMI JSC
Counsel:Mr. A. A. Sangei (with him, D. G. Hassan, Esq., M. M. Maridok, -*- Esq. and G. Garba, Esq.) - for the Appellants. -*- Mr. Bola Olotu - for the Respondent.

AKINTAN JSC (Delivering the Lead Judgment): The two appellants were arrested and detained at Garga Police Station in Plateau State for armed robbery sometime in October, 2002. They were later transferred to Jos Police Headquarters and then to Jos C.I.D where they were detained for quite sometime before they were arraigned before the Chief Magistrate Court, Jos on 11 December 2002. They then caused to be issued a summon to admit them to bail pending trial at the Jos High Court. The application was supported with a five-paragraph affidavit. Paragraph three of the supporting affidavit deposed to by one Serah Ibrahim, litigation secretary, in the law firm of the appellants’ counsel, read as follows:

“3. That I have been informed by the applicants in Jos prison on 9 March 2003 at 12.00 noon while briefing A.A Sangei Esq. of counsel and verily believe their information to be true:

(a) That the applicants were arrested and detained at Garga Police Station for alleged offence of armed robbery…

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