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MRS. E. A. LUFADEJU & ANOR V. EVANGELIST BAYO JOHNSON

(2007) JELR 33830 (SC)

Supreme Court  •  SC.247/2001  •  30 Mar 2007  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; NIKI TOBI JSC; SUNDAY AKINOLA AKINTAN JSC; ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Judgement

A. M. MUKHTAR, JSC (Delivering the Leading Judgment): This appeal emanated and got its root from the proceedings in the Chief Magistrate Court of Lagos State, where the respondent and some others were taken on the allegation of committing the offence of conspiracy to commit treason and actually committing treasonable felony.

The respondent with the others were arrested and detained at the Police Criminal Investigation Department, CID, Alagbon, Lagos on 12th of January, 1997. The respondent sought bail, but the appellant said she had no jurisdiction to entertain the application for bail, and remanded the respondent in custody. As a result of this refusal of bail and the remand in custody, the respondent sought a judicial review in the High Court. The learned Judge ruled that by virtue of section 236(3) of the Criminal Procedure Law, the 1st appellant was authorized to remand persons who may have been arrested for indictable offence. Dissatisfied with the decision, the respondent appeal…

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