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CHUKWUMA NWINYIMA v. COMMISSIONER OF POLICE, ANAMBRA STATE

(2005) JELR 45122 (CA)

Court of Appeal  •  CA/E/163/2003  •  27 Jan 2005  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; JOSEPH JEREMIAH UMOREN JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant was arrested on the 17th of December, 1999, for an alleged offence of armed robbery involving a motorcycle. He was taken before the Chief Magistrate Court, Onitsha on the 25th of January, 2000.

The Chief Magistrate remanded him in custody and ordered the police to accelerate the investigation of the matter for the advice of the Director of Public Prosecutions.

The police did nothing and the appellant in a motion dated the 4th day of August, 2003, brought an application in the High Court, Onitsha for bail pending the filing of information.

The motion was argued and the respondent who did not file a counter-affidavit, opposed the application on points of law. In a short ruling, delivered on the 9th of September, 2003, the trial court struck out the motion without considering the merits of the application. It is against that ruling that the appellant has appealed to this court.

The learned Counsel for him filed a brief of arg…

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