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SUNDAY EZEBO V. THE STATE

(2004) JELR 55207 (CA)

Court of Appeal  •  CA/E/111/2003  •  29 Jun 2004  •  Nigeria

Coram
JOHN A. FABIYI JCA (Presided and Read the Lead Judgment) CLARA BATA OGUNBIYI JCA MONICA B. DONGBAN-MENSEM JCA

Judgement

FABIYI JCA (Delivering the Lead Judgment): This is an appeal against the ruling handed out by Nweke J. while sitting at the High Court of Justice, Ekwulobia in Anambra State of Nigeria on 31st May, 2000. Put briefly, the learned trial Judge revoked an earlier bail granted by Ezeani J. to the appellant on 8th July, 1999. The appellant was detained along with other suspects in connection with the death of one Patrick Ikechukwu Ezeobika. It was alleged that the appellant was a member of the Black Axe Cult at Oko Federal Polytechnic and that he took part in the initiation of new members during which the deceased died. The appellant with three others commenced an action for the enforcement of their fundamental rights in suit No. AG/MISC.10/99. Ezeani J. on 15-4-99 ordered that the four applicants be produced in court by the Police on 26-4-99. The Police failed to comply with the court’s order. On 27-5-99, the appellant was arraigned along with other suspects before the Magistrate’s Court…

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