CORAM

PARTIES

ENOCHE UGBABE APPELLANTS

FEDERAL REPUBLIC OF NIGERIA? RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant alongside one other Defendant were arraigned by way of Information on a 5-count charge for offences of conspiracy to steal and Advance Fee Fraud, Forgery and Uttering at the High Court of Lagos State, Ikeja Judicial Division. The Appellant pleaded not guilty to the charge. Following his plea of not guilty to the charge, an application for bail was then filed and same was supported by an affidavit and a written address. Learned Counsel to the Appellant contended that the allegations do not attract capital punishment to warrant refusal to admit the Appellant to bail. This was opposed by the Respondent. After hearing both parties, the lower court in its ruling refused the application for bail but however made an order for accelerated hearing. Being aggrieved by the decision of the lower Court the Appellant has filed an appeal before this court.

HELD

Appeal Allowed

ISSUES

?    Whether learned trial judge was right or wrong in out rightly refusing to grant bail to the Appellant who has no criminal record and who did not abuse administrative bail granted by the prosecuting Agency??    Whether learned trial judge was in a position to grant and did grant accelerated hearing of the charge?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Administration of Criminal Justice Act 2015

Advance Fee and other Fraud related offence Act No. 14 2006

Constitution of the Federal Republic of Nigeria, 1999 (as amended)

Criminal Procedure Act, Cap 80, Laws of the Federation of Nigeria, 2004

Economic and Financial Crime Commission Act 2004

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