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UNOGU
V.
STATE

(2000) JELR 51266 (CA)

Court of Appeal 13 Jul 2000 Nigeria
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- The appellant is one of seven persons standing trial for murder in Imo State, Nigeria. - The appellant applied for bail pending trial, but the trial judge refused the application. - The appellant appealed the decision, arguing that the ju

Case Details

Suit Number:CA/PH/362/99
Judges:MICHAEL EYARUOMA AKPIROROH, JCA ABOYI JOHN IKONGBEH, JCA
Counsel:O. Sofunde S.A.N. (with him I A. Okorie, Esq.) - for the Appellant.
Other Citations:(2000) 12 NWLR (Pt. 681) 245, (2000) JELR 78939 (CA)

NSOFOR, JCA (Delivering the Lead Judgment): The appellant, qua an accused person, was (or is) one of seven persons presently standing trial on the information of the Hon. Attorney-General, Imo State, for an offence of murder contrary to section 319(1) of the Criminal Code (C.C.) Cap. 30 Vol. II Laws of Eastern Nigeria, 1963 applicable in Imo State of Nigeria. A full- scale trial has since started in the High Court, Owerri, presided over by Nwosu-Iheme, J. As the record of appeal shows a total of nine witnesses testified for the prosecution leaving two or three other witnesses to testify for the prosecution to close its case against the accused persons. This was the stage reached in the trial, when the appellant applied, by way of a motion on notice filed on the 13th of July, for an order of court admitting him to bail pending the trial. The motion was accompanied with an affidavit. It has twenty-seven paragraphs. Exhibited therein (see paragraph 16) are the medical reports of or by …

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