SHUGABA UMAR GANA V. FEDERAL REPUBLIC OF NIGERIA

YAHAYA JCA (Delivering the Lead Ruling): This notice of motion filed on 14 April 2010 is pursuant to section 28(1) of the Court of Appeal Act, 2004 and the inherent powers of this court. It was brought by theapplicant, Shugaba Umar Gana, for:

“An order admitting the appellant/applicant on bail pending the determination of his appeal to the Court of Appeal against the judgment of the High Court of Justice of Borno State delivered on 29 September 2009 by Hon. Justice P. H. Ngada, wherein the applicant was sentenced to a total of 7 years imprisonment with effect from 18 September 2007 without option of fine.” The grounds of the application are stated thus:

“(1) That the health of the applicant is deteriorating in prison custody.

(2) That the applicant will serve substantial part of his sentence before the appeal is concluded.”

The application is supported by a 22 paragraphed affidavit, sworn to by the appellant. Exhibited to the application, are the judgment of the lower court as exhibit A…