Cookie Policy
OWOADE JCA (Delivering the Lead Judgment): On 31st August, 2005, the applicant/appellant took out a summons for bail before the lower court brought pursuant to the provisions of sections 118(1),(3), 119, 123 and 125 of the Criminal Procedure Law, Cross River State and section 35(5)(b) of the 1999 Constitution. The applicant’s summons for bail was supported by a 19 paragraph affidavit where the applicant deposed to the fact that he was arrested on or about the 29th day of June, 2005 at about 6 a.m. along the Federal Government Girls Secondary School, Calabar while carrying on his transportation business. That since the arrest, he was kept at the Airport Police Station, Calabar, that there is no evidence available against him to be arraigned before any court of law for any offence and that his continuous detention without bail is illegal and unconstitutional.
The respondent reacted with a counter-affidavit stating inter alia that: “the State had filed information in charge No. HC/5/C…