SAMUEL CHUKWUDUMEBI OSEJI, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Ebonyi State, in the Abakaliki Judicial Division, Holden at Abakaliki coram Njoku J. and delivered on 8/6/2010 wherein the appellant's application for bail was Refused.
The appellant, Simon Ogenyi was on the 4/3/2010 arraigned before the Chief Magistrates Court, Abakaliki on a two count charge of conspiracy to commit murder and murder in charge No. MAB/98C/2010. The learned trial Magistrate declined jurisdiction to entertain the charge and remanded the appellant in prison custody at the Federal Prisons Abakaliki pending his trial at the High Court while the case file was ordered to be transmitted to the office of the Director of Public Prosecution for further advice.
On 16/3/2010, the appellant filed a motion on notice at the High Court, Abakaliki, Ebonyi State praying for an order to admit him to Bail.
The grounds upon which the motion was brought are as follo…