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CORPORAL HASSAN MAMMAN V. THE STATE

(2010) JELR 51372 (CA)

Court of Appeal  •  CA/K/175/C/2007  •  9 Dec 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA (Presided and Read the Lead Judgment) IBRAHIM MOHAMMED MUSA SAULAWA JCA THERESA NGOLIKA ORJI-ABADUA JCA

Appearances
O.C. Edeji - for the Appellant. -*- A.A. Ibrahim, State Counsel - for the Respondent.

Judgement
<p><strong> PETER-ODILI JCA (Delivering the Lead Judgment): </strong> This is an A appeal against the ruling of the Katsina State High Court of Justice presided over by Honourable Chief Judge, S.A. Mahuta, J. against the appellant. By an amended charge dated 9 October 2006, the appellant was charged before his lordship for the offence of culpable homicide punishable with death under section 221 of the Penal Code. The appellant applied for bail pending trial which was refused. Dissatisfied with the ruling, the appellant appealed to this court.</p><p><em> Facts: </em> By a motion on notice dated 7 July 2006, the appellant applied for bail pending his trial before the lower court. The application was heard on 31 July 2006 and ruling thereof delivered on 4 September 2006, dismissing same for lack of merit with a liberty to reapply if he was not arraigned for trial within a reasonable time. By another motion dated 25 January 2007, the appellant reapplied for bail before the same court. The application was heard on 31 January…</p>

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