Just Decided Cases

ALHAJI MUJAHID DOKUBO-ASARI VS FEDERAL REPUBLIC OF NIGERIA

Legalpedia Citation: (2007-02) Legalpedia 84726 (SC)

In the Supreme Court of Nigeria

Abuja

Sat Feb 10, 2007

Suit Number: SC.192/1971

CORAM


KATSINA-ALU JUSTICE, SUPREME COURT

TOBI JUSTICE, SUPREME COURT

TABAI JUSTICE, SUPREME COURT

MUHAMMAD JUSTICE, SUPREME COURT

ADEREMI JUSTICE, SUPREME COURT


PARTIES


ALHAJI MUJAHID DOKUBO-ASARI

APPELLANTS 


FEDERAL REPUBLIC OF NIGERIA

RESPONDENTS 


AREA(S) OF LAW


CRIMINAL LAW- BAIL- S.35 OF 1999 CONSTITUTION

 

 


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- Per Muhammed. JSC.’

 

 


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)

 

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

Recent Posts

RENCO NIGERIA LIMITED V Q OIL & GAS SERVICES LIMITED & ANOR

Legalpedia Citation: (2025-08) Legalpedia 42685 (CA) In the Court of Appeal PORT HARCORT Mon Aug…

1 week ago

ENGINEERING ENTERPRISE OF NIGER CONTRACTOR CO. OF NIGERIA VS THE ATTORNEY-GENERAL OF KADUNA STATE

Legalpedia Citation: Legalpedia SC KIZW In the Supreme Court of Nigeria Thu Sep 11, 2025…

1 week ago

COMMISSONER OF POLICE, WESTERN REGION VS ALOYSIUS IGWE & 2 ORS

Legalpedia Citation: (1960-01) Legalpedia 19912 (SC) In the Supreme Court of Nigeria Holden at Lagos…

1 week ago

CLEMENT AKRAN VS INSPECTOR GENERAL OF POLICE

Legalpedia Citation: (1960-02) Legalpedia 45350 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

1 week ago

J. A. IREM VS OBUBRA DISTRICT COUNCIL AND OTHERS

Legalpedia Citation: (1960-03) Legalpedia 03348 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

1 week ago

JOHN KHALIL KHAWAM AND CO VS K CHELLARAM AND SONS (NIGERIA)

Legalpedia Citation: (1960-03) Legalpedia 49115 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

1 week ago