EVERISTUS OGBHEMHE V. COMMISSIONER OF POLICE

AKAAHS, JCA : (Delivering the Lead Judgment) : A summons was filed in the High Court Benin in suit No. B/401M/99 pursuant to sections 118 and 123 of the Criminal Procedure Code to admit the accused/appellant to bail following his remand by a Magistrate Grade II Benin on a two-count charge of conspiracy to commit a felony and robbery contrary to section 516 and 402 respectively of the Criminal Code Cap. 48 vol. II, Laws of Bendel State of Nigeria, 1976 as applicable to Edo State in charge No.MB/ 181C/99. Although the prosecution deposed to a six - (6) paragraph counter- affidavit to which it annexed the Police Investigation Report as exhibit “A” the bail application was not opposed. Despite the posture taken by Mrs. C.

Ebosele, a Legal Officer in the Ministry of Justice Edo State in opposing bail (which in my view is commendable as she displayed the qualities of a true Minister of Justice), the learned trial Judge after listening to learned counsel to the accused/applicant and consi…