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BARILE JACK v. COMMISSIONER OF POLICE

(2011) JELR 33924 (CA)

Court of Appeal  •  CA/PH/428/2010  •  5 May 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

EJEMBI EKO, JCA (Delivering the Leading Judgment): On 7th September, 2010 the Appellant's application for bail at the lower court was refused. He filed this appeal, on 16th September, 2010 against that decision. In his notice of appeal he raised one ground of appeal complaining that "the learned trial Judge erred in law when he refused to admit (him) to bail in spite of the existence of special and exceptional circumstance" to warrant the exercise of the court's discretion in his favour. The lone issue in this appeal is -

Whether special circumstances exist in this case to entitle the appellant to be admitted to bail.

Appellant filed Brief of argument in which the lone issue was argued.

The Respondent did not file any brief. Though served on 25th February, 2011 the Respondent was not in court on 22nd March, 2011 when the appeal was argued. By order of this court made on 17th February, 2011, the appeal was heard on Appellant's Brief alone.

The appellant was arrested on 13th March, 2…

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