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ROLAND OKUSE V. THE STATE

(2015) JELR 34561 (CA)

Court of Appeal  •  CA/B/429C/2014(R)  •  23 Jun 2015  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA;

Appearances
B. E. Olowonubi holding the brief of O. Ituru For Appellant C. O. Agbagwu Chief State Counsel Delta State For Respondent

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling): This is an application dated and filed on 30/05/2015 praying for the following order:

AN ORDER of Court granting bail to the Appellant/Applicant pending the determination of the Appellant/Applicant's appeal.

The application is supported by a 19 paragraph affidavit deposed to by the wife of the Applicant. The pertinent paragraphs 10-14 in the affidavit is as set out below:

10. The Appellant/Applicant before his imprisonment is an asthmatic patient. The asthma was managed by our family trado-medical practitioner who regularly apply some traditional herbs on the Appellant/Applicant as there is no known orthodox cure for asthma.

11. The Appellant/Applicant since his incarceration has had several asthmatic attacks.

12. On 23rd March,2015 at the Federal Prison, Warri, the Appellant/Applicant informed me at about 1:30pm and I verily believed him that on 22nd March, 2015 he had severe attack and it was the divine intervention ofโ€ฆ

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