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ONNOGHEN JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Kwara State in suit No. KWS/18M/2003 delivered on 10th November, 2003, by Hon. Justice F.A. Ojo in which the application of the appellant for bail pending trial was refused.
The facts of the case include the following:
On the 17th day of September, 2003, the appellant was arraigned before the Chief Magistrate Court Ilorin on a First Information Report (FIR) alleging culpable homicide punishable with death contrary to section 221 of the Penal Code, and robbery contrary to section 1(a) of the Robbery and Fire Arms (Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria, 1990. The appellant’s application for bail was refused by the learned Chief Magistrate resulting in a similar application being made to the High Court which court also refused same. The result is this appeal.
Prior to the filing of the First Information Report of 17th September, 2003, an earlier one filed on…