ADAMU SULEMAN & ANOR V COMMISSIONER OF POLICE PLATEAU STATE

CORAM

I.A.U. OMO – JUSTICE, SUPREME COURT

B.O. BABALAKIN – JUSTICE, SUPREME COURT

PARTIES

1. ADAMU SULEMAN 2. MOHAMMED BELLO. APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The two appellants were arrested and detained for armed robbery; they were arraigned before the Chief Magistrate Court, Jos. They then caused to be issued a summon to admit them to bail pending trial at the High Court. The learned Judge concluded that there was no merit in the application. He therefore dismissed it. Their appeal to the Court of Appeal Jos Division was also dismissed.

HELD

That there is absolute justification in not allowing the continued detention in prison custody of the appellants as ordered by the Jos Magistrate Court.

ISSUES

Whether the Court of Appeal was right in its decision to dismiss the appeal before it and affirming the order of the trial High Court by which the appellants’ application for bail was refused.

RATIONES DECIDENDI

PRE-CONDITION TO BE FOLLOWED IN GRANTING BAIL PENDING TRIAL

The criteria to be followed in cases of bail pending trial include:
(i) The nature of the charge.
(ii) The strength of the evidence which supports the charge.
(iii) The gravity of the punishment in the event of conviction.
(iv) The previous criminal record of the accused, if any.
(v) The probability that the accused may not surrender himself for trial.
(vi) The likelihood of the accused interfering with witnesses or may suppress any evidence that may incriminate him.
(vii) The likelihood of further charge being brought against the accused.
(viii) The necessity to procure medical or social report pending final disposal of the case. Per Akintan, JSC

EXERCISE OF DISCRETION

A judicial officer saddled with the responsibility of exercising discretion is required to arrive at the decision in every case or situation based on the facts placed before him in the very case and apply the applicable law. Per Akintan, JSC

CASES CITED

1. Bamaiyi v. The State (2001) 8 NWLR (Pt. 715) 270; (2001) 5 SCM 20 2. Dokubo-Asari v. Federal Republic of Nigeria (2007) All FWLR (Pt. 375) 558; (2007) 12 (Pt. 1) SCM 68; 3. Abacha v. The State (2002) 5 NWLR (Pt. 761) 638; (2002) 5 SCM 139; 4. Ani v. The State (2002) 1 NWLR (Pt. 747) 217; (2002) 8 SCM 1 5. Ekwenugo v. Federal Republic of Nigeria (2001) 6 NWLR (Pt. 708) 9;