VINCENT OGUERI V. THE STATE

IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The cornerstone of this case is Whether the Appellant who was charged with the offence of murder and whose application for bail was rejected by Metu J (now retired) who was then seized of the matter and which case is now transferred to Ogugua J and who similarly rejected his application for bail ought on the affidavit evidence to be granted bail. This appeal arises from the refusal of the learned trial Judge, Ogugua J, to grant the application for bail.

In the application of this nature the requirement for granting of bail is very stringent and facts attendant thereto must be strong and persuasive enough to make the court accede to the application for bail. The learned trial Judge in dismissing the application said that the learned defence counsel kept on referring her to the proceedings at the earlier trial of the case before the matter was assigned to her and then said that of the 3 premises on which the appl…