Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THEOPHILOUS
V.
F. R. N.

(2015) JELR 50899 (CA)    

Court of Appeal  ·  CA/L/512C/2015 ·  16 Dec 2015 ·  Nigeria
CORAM
AMINA ADAMU AUGIE JCA (Presided and Read the Lead Judgment) JOSEPH SHAGBAOR IKYEGH JCA JAMIU YAMMAMA TUKUR JCA

Ratio Decidendi

Core Terms Beta
bail
appellant
administrative bail
1st respondent
lower court
counter-terrorist
general investigation unit
3rd defendant
federal high court
paragraphs
better affidavit
grant of bail
learned trial judge
accused person
fundamental right enforcement application
honourable court
respondent’s counter-affidavit
responsible sureties
criminal record
federal high court lagos
maximum sentence
refuse bail
said paragraphs
younger brother
14-paragraph affidavit
19-count charge
28-paragraph counter-affidavit
3rd respondents
admission of those facts
augie jca
capital market fraud unit
copy of the counter-affidavit
court of law
determination of suit no. id
failure of the applicants
further investigation
joint application
kirikiri maximum prison
lagos state high court
likely jump bail
lower court exercise
members of a syndicate
narrow issue of bail
nostalgic averments
prosecution’s evidence
respondent confessing
responsible person
state of the facility
sundry offences

AUGIE JCA (Delivering the Lead Judgment): This appeal turns on a narrow issue of bail. The appellant and the 2nd and 3rd respondents were arraigned before the Lagos State High Court, and charged with sundry offences, including conspiracy to and obtaining money by false pretences, stealing, and money laundering. He pleaded not guilty to counts 1 to 6 and 15 of the 19-count charge on 7 July 2014. On that day, 7 July 2014, a joint application for their bail dated 23 June 2014, was moved, and the lower court reserved ruling thereon until 8 July 2014, and ordered that the “accused be remanded in Kirikiri Maximum Prison.” On 29 September 2014, learned counsel re-adopted their arguments, and in his ruling delivered that day, the learned trial judge, Lawal-Akapo, J., held -

“Paragraphs 8, 9, 11, 12, 18, and 19 of the respondent’s counter-affidavit are very germane. They are hereby reproduced...Failure of the applicants to file a reply to these serious and nostalgic averments amounted in law …

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