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OLAWALE OLAWOYE & ORS v. COMMISSIONER OF POLICE

(2005) JELR 42399 (CA)

Court of Appeal  •  CA/IL/6C/2005  •  22 Jun 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

ABDULLAHI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court of Justice sitting at IIorin, Coram Daibu J. delivered on the 14th day of September, 2004 refusing to admit appellants/applicants to bail.

The appellants are students of the Federal Polytechnics, Offa, Kwara State with the exception of the 1st appellant who wanted to return to the school for his Higher National Diploma (HND) having completed his National Diploma (ND) in the same institution.

The appellants who were arrested at Offa on the 17th August, 2004 by the police were detained till 23rd August, 2004 when they were taken before a Chief Magistrate Court in Ilorin for the offence of being members of secret cult and secret societies in Educational Institutions of Higher Learning in the state. On the 16/9/2004, their bail application was refused by the Learned Chief Magistrate on the ground that the offence of cultism is rampant in Institutions of Higher Learnin…

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