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IFEANYI MARTINS AMADIKWA v. THE STATE

(2015) JELR 44234 (CA)

Court of Appeal  •  CA/B/12M/2015  •  25 Mar 2015  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling): This is an application dated 6/02/2015 filed on 6/02/2015 praying for the following order:

"AN ORDER admitting the Applicant Ifeanyi Martins Amadikwa to bail pending the hearing and determination of the Appeal".

The application is premised on the following grounds:

1. Health of the Appellant/Applicant.

2. Appellant/Applicant was on bail at the Trial Court before conviction and did not jump bail.

3. Appellant/Applicant's further stay in Prison custody will not only jeopardize his life but also that of other inmates in view of his complicated health situation which includes a highly infectious disease.

In support of the application is a 17 paragraph affidavit with several Exhibits. The applicant also filed a further affidavit of 5 Paragraphs on 2/03/2015. In opposition to the above, the Respondent filed a counter-affidavit of 11 Paragraphs.

The pertinent paragraphs to are herein reproduced. Paragraph 6-10 of the affidavit…

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