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JAMES DANBABA v. THE STATE & ORS.

(2000) JELR 43810 (CA)

Court of Appeal  •  CA/L/231/2000  •  2 Nov 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

GALADIMA, JCA (Delivering the Leading Judgment): This is an appeal by the 1st accused person against the ruling of Alabi J. dated 10th of May, 2000 wherein the learned Judge refused the application for bail dated the 16th of December, 1999.

I will summarise the facts leading to this application. On the 3rd of February, 1996, one Alex Ibru was shot by gunmen at the Falomo flyover in Lagos. He however survived the attack. The appellant and four other persons were accused and subsequently charged for offences including conspiracy to murder and attempted murder in the information filed by the State and dated the 26th of January, 2000

Meanwhile, the appellant and the four accused persons have been arraigned before Alabi J. Evidence of 1st prosecution has been taken at the trial.

On the 16th of December, 1991, the appellant brought a summons for bail which was supported by a 30-paragraph affidavit and 7 exhibits. The respondent in opposition to bail deposed to a counter-affidavit and furtheā€¦

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