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MAURICE IBEKWE V. FEDERAL REPUBLIC OF NIGERIA

(2004) JELR 57613 (CA)

Court of Appeal  •  CA/L/303/2003  •  1 Mar 2004  •  Nigeria

Coram
DALHATU ADAMU, JCA (Presided and Read the Lead Judgment) SULEIMAN GALADIMA, JCA CHRISTOPHER M. CHUKWUMA-ENEH, JCA

Appearances
Professor Taiwo Osipitan, SAN - for the Appellant . Rotimi Jacobs, Esq. - for the Respondent .

Judgement

ADAMU, JCA (Delivering the Lead Judgment): This is an interlocutoryappeal against the ruling of the High Court of Lagos State, Ikeja Judicial Division (per Kekere-Ekun, J). In the said ruling delivered on 10/7/2003, the learned trial Judge considered the appellant’s application for bail pending his trial and refused it. The appellant who was a member of the House of Representatives of the National Assembly was initially arraigned before thetrial court on information alleging the offences of conspiracy, uttering, forgery and obtaining money by false pretences contrary to sections 467, 468, 419 and 516 of the Criminal Code. The maximum punishment prescribed for the offences ranges between 7 and 14 years imprisonment. Upon his arraignment the appellant pleaded not guilty to all the counts. Thereupon his counsel applied orally for bail which was refused. Aformal application (or summons) was then made on his behalf by his learned counsel and it was filed on 3/6/ 2003. In support of the a…

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