CORAM
BOONYAMIN OLADIRAN KAZEEM
ADOLPHUS GODWIN KARIBI-WHYT, JUSTICE, SUPREME COURT
UDO UDOMA
ALOYSIUS IYORGYER KATSINA-ALU, JUSTICE SUPREME COURT
A. I. IGUH, JUSTICE SUPREME COURT
PARTIES
ALHAJI MUJAHID DOKUBO-ASARI APPELLANTS
FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, Alhaji Mujahid Dokubo Asari along with some others were arrested and charged for conspiracy treasonable felony etc. and were refused bail by the Federal High Court on appeal was dismissed and on a further appeal to the Supreme Court, same was dismissed.
HELD
Bail refused and appeal dismissed.
ISSUES
(i) Whether the court of appeal was right when it reached a conclusion of fact that these were acceptable evidence of threat to national security. (ii) Assuming (without conceding) that the case of the respondent revealed a strong prima facie case of threat to national security, whether that suspends the right to bail as entrenched in S.35 of 1999 Constitution
RATIONES DECIDENDI
ATTITUDE OF APPELLATE COURT TOWARDS EXERCISE OF DISCRETION
‘The proper role of the Court of Appeal where there is a proper exercise of discretion is not to interfere with the discretion. To do so mostly on the grounds that the Appellate Court would have exercised the discretion differently is an assault on justice and not within the statutory powers of the Appeal Court-
CASES CITED
Abacha vs. The State (2002) NWLR (Pt 761) 638 etc
STATUTES REFERRED TO
(1) Criminal Code Act Cap 77 Laws of the Fed. 1990|(2) S.118(2) Criminal procedure Act|(3) Constitution of the FRN (1999)|