ATTORNEY-GENERAL OF THE FEDERATION V. RALPH UWAZUIKE & ORS.

O.O. ADEKEYE, J.C.A:(Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court; Abuja delivered on the 27th of January 2006.

The seven accused persons now appellants were arraigned before the Federal High Court Abuja on a four count charge for offences as follows:-

a criminal trial - which is not the case in the instant appeal. Order 4 Rule 3(1) of the same Rules applies to an appeal after judgment, sentence or order.

The present appeal does not arise out of a conviction in the lower court. It is an appeal against refusal to grant bail pending appeal. The appeal here is not against a criminal conviction. The cases - Bawai Anor V. The State 2004 16 NWLR pt 899 pg 285 - 296 and Christopher Ebughina and ors V. C.O.P. 1965 NMLR pg 169 cited by the respondent are not applicable.

I have carefully considered the submission of learned counsel for both parties. The issue for consideration here is straight forward and within narrow limits. It is to resolv…