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AKINDELE IKUMOLUYI & ANOR. V. FEDERAL REPUBLIC OF NIGERIA

(2008) JELR 46880 (CA)

Court of Appeal  •  CA/L/423/2007  •  16 Jan 2008  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; ADZIRA GANA MSHELIA JCA; HUSSEIN MUKHTAR JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A.: (Delivering the Lead Ruling): By a motion dated and filed on the 9th November 2007, the Applicant herein sought for an order of this Court granting him bail pending the determination of his appeal against the decision of Abubakar Tijani given on the 22nd May 2007 and for such further order or orders as this Court may deem fit to make in the circumstances. The application is accompanied by a 20 paragraphs affidavit deposed to by one Chukwuemcka Okoroma, counsel to the Accused/Applicant. Several exhibits including some Medical reports are attached to the affidavit in support. The Applicant also filed a further affidavit of fifteen paragraphs on the 23rd November 2007 to which he attached a ruling of the lower Court which was delivered on the 12th June 2007 wherewith the lower Court refused a similar application for bail.

The Respondent rather than respond by deposing to a counter affidavit gave a notice to rely on a preliminary objection on the contention tha…

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