JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the Ruling of the Delta State High Court sitting in Asaba in Suit No:- A/M/115C/2016 Between MR. CHINEDU OFUANI V. COMMISSIONER OF POLICE delivered on the 21st day of February 2017.
Briefly, the facts of the case are that the Appellant was charged on 29/7/2016 at Magistrates Court Ezi, Delta State with offences of Conspiracy to commit Armed Robbery and Armed Robbery. The offences are punishable under Section 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Vol. 14, Laws of the Federation of Nigeria 2004 (counts 1 4) and Conspiracy to commit a felony to wit Assault occasioning harm (counts 5 and 6) punishable under Section 516 and 355 of the Criminal Code Law Cap C2 Vol. 1 Laws of Delta State of Nigeria 2006.
The trial Magistrate declined bail due to the nature of counts 1 4 which is a capital offence and made an order that the file be duplicated and sent to the office of …