NWAIGWE CHRIS CHUKWUEBUKA V. FEDERAL REPUBLIC OF NIGERIA

IYIZOBA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Balogun J. sitting at the Lagos Division of the High Court of Lagos State in charge No LCD/131/2012 delivered on 8 January 2013, dismissing the appellant’s application for bail. The appellant and four others were arrested by the respondent on 11 July 2012 for offences ranging from conspiracy to obtain money by false pretences; obtaining money by false pretences, forgery, to possession of fraudulent documents. He was granted administrative bail by the respondent on 26 July 2012 or thereabout but he could not perfect same owing to its onerous conditions. By summons for bail dated 31 July 2012, the appellant applied for bail before the vacation judge, Femi-Adeniyi J. The other defendants at the time also applied for their bail pending trial before the same judge.

These applications for bail were filed when the prosecution had not filed and served any information/proof of evidence. The prosecution howeve…