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CHIKA MADU v. THE STATE

(2011) JELR 33925 (CA)

Court of Appeal  •  CA/PH/447/2010  •  18 Jul 2011  •  Nigeria

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

Judgement

M. DATTIJO MUHAMMAD, (OFR) (Delivering the Leading Judgment): This is an appeal against the ruling of the Rivers State High Court presided by Aprioku J. dated 30th July 2010 wherein the appellant's application for the variation of bail conditions was dismissed. Let me briefly provide the facts which led to the ruling being appealed against.

The appellant was arraigned before a magistrate court on a one count murder charge and thereafter remanded in prison custody. Following his application for bail to the High court, the appellant was granted bail and on the fulfillment of the bail terms released on bail.

The respondent having subsequently preferred information against him, the appellant was arraigned before the High Court Coram Aprioku J. Appellant's plea was eventually taken on 21st January 2010 after nearly a year of his initial arraignment. Before then, he had enjoyed the bail granted to him earlier by the court as presided by Okocha J. The court as constituted by Aprioku J. allow…

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