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ALFA LAMIDI SULE GBENGA ABBAS V. STATE

(2005) JELR 53625 (CA)

Court of Appeal  •  CA/IL/34c/04  •  20 Jun 2005  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE JCA (Presided) ABOYI JOHN IKONGBEH JCA TIJJANI ABDULLAHI JCA

Appearances
O. Abifarin Esq. - for the 1st Appellan t. -*- G. D. Otiotio Esq. - for the 2nd Appellant . -*- Alh. S. A. Isau Esq. Attorney-General, Kwara State (with him, H. -*- A. Gegele Esq. S.S.C and M. A. Oriye Esq, S.C.1) - for the Respondent .

Judgement

IKONGBEH JCA (Delivering the Lead Judgment): These are appeals A from the rulingof O. Orilonise J., of the High Court of Kwara State, Ilorin, denying bail to the two appellants. The appellants had been remanded in prison custody on 09/03/04 by the learned trial Judge upon the commencement of their direct trial before him, after taking their pleas. Each of them thereafter brought a formal application seeking bail. Each brought his application under, amongother provisions, section 341(2) of the Criminal Procedure Code (C.P.C.), the provisions of which we shall see in due time. Their grounds for seeking bail were that there were no grounds forbelieving that they would jump bailor commit another offence or interfere with police investigations. To convince the court of these facts, they filed affidavits in which it was averred that prior to their arraignment before the Chief Magistrate’s Court they were on police bail and reported without fail to the latter as required. After arraignment…

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