May 25, 2025
Legalpedia Citation: (2010) Legalpedia (CA) 11608 In the Court of Appeal HOLDEN AT JOS Mon Feb 15, 2010 Suit Number: CA/J/243CM/2009 CORAM PARTIES JOSEPH UGBOR THE STATE […]
CORAM
PARTIES
JOSEPH UGBOR
THE STATE
AREA(S) OF LAW
SUMMARY OF FACTS
The trial High Court, Gboko, had convicted the Appellant of the allegation of culpable homicide not punishable with death under S.224 of the penal code and sentenced him to 1-year imprisonment and a fine of N10, 000.00 or six months imprisonment in lieu of fine. The Appellant had appealed the judgment of the lower Court and filed a Motion for bail pending appeal, which was refused. The Appellant has paid the N10, 000.00 fine and the sum of N33, 000.00 for the compilation and transmission of records of Appeal to this Honourable Court. Hence, this application brought by the Applicant vide a Motion on Notice, for an order admitting the Applicant to bail pending the hearing and determination of his appeal, already pending before this Honourable Court on the ground that the Appellant may serve substantial or the whole period of one year imprisonment imposed by the court below before his appeal is heard and determined unless admitted to bail pending appeal. In opposing the application, the learned Deputy Director of Public Prosecution, Ministry of Justice Benue State, submitted that no special circumstances have been disclosed, to warrant the grant of the application and that one year sentence is benevolent, considering that the offence is murder.
HELD
Application Dismissed
ISSUES
None
RATIONES DECIDENDI
BAIL PENDING APPEAL – POWER OF THE COURT OF APPEAL TO GRANT BAIL PENDING APPEAL
“Now, the Court of Appeal is clothed with power under section 28 (1) of the Court of Appeal Act Cap C 36 Laws of the Federation of Nigeria 2004, to admit an applicant to bail, pending the determination of his appeal. The Court of Appeal Rules 2007, also make provisions for admitting an appellant to bail, pending the determination of his appeal” Order 16 rule 13.
I need to point out here, that when considering an application for bail pending appeal, the court has a duty to be circumspect and not jump into the arena of the substantive appeal by making comments or deciding issues that would pre-judge the issues on appeal. See the cases of Akapo Vs. Hakeem-Habeeb (1992) 6 NWLR (pt.247) 266 at 287 and Oduntan vs. General Oil Ltd. (1995) 4 NWLR (Pt.387) 1. –
BAIL PENDING TRIAL – FACTORS TO CONSIDER IN GRANTING BAIL PENDING TRIAL AND BEFORE CONVICTION
“The granting of bail before conviction is governed by different considerations from those after conviction and pending appeal. To grant bail pending trial and before conviction, the court should consider:-
(a) the nature of the charge;
(b) the severity of the punishment to be meted out on conviction;
(c) the nature of the evidence;
(d) the character or the accused person in terms of his criminal record;
(e) the possibility of committing the offence again;
(f) possibility of interfering with witnesses; and
(g) jumping bail.
See Mohammed S. Abacha Vs. The State (2002) 5 NWLR (Pt.761) 638 at 674 and Obaseki Vs. Police (1959) NRLR 149”. –
BAIL PENDING THE DETERMINATION OF APPEAL – CONSIDERATION BY THE COURT IN GRANTING BAIL AFTER CONVICTION AND PENDING THE DETERMINATION OF APPEAL
“In an application to grant bail after conviction and pending the determination of appeal unusual or exceptional circumstances must be shown to the satisfaction of court – Abacha Vs. State (supra) at page 653 and Duro Ajayi & Ors Vs. The State 1977, FCA 1. It is the affidavit in support of the application that must contain depositions showing the exceptional circumstances, to enable this court exercise the discretion judicially and judiciously. –
BAIL PENDING APPEAL –GROUNDS ON WHICH THE COURT OF APPEAL WILL GRANT AN APPLICATION FOR BAIL PENDING APPEAL
“The Court of Appeal has the power to grant bail to an Applicant pending an appeal against his conviction. Buwai Vs. The State (2004) 16 NWLR Pt. 899 Pg. 285. The Court of Appeal will not grant an application for bail pending an appeal unless there are exceptional and unusual reasons why bail ought to be granted to the Appellant. Granting bail to a convict is a discretionary power that ought to be granted judicially and judiciously by this Court. The Appellant/Applicant has not deposed to the exceptional circumstances that will sway the Court to exercise its discretion”. –
BAIL PENDING APPEAL – BASIS ON WHICH BAIL AFTER CONVICTION CAN BE GRANTED
“After conviction, the convict save under exceptional circumstances, has no right at all to bail. Ojo Vs. Federal Republic of Nigeria (2006) 9 NWLR Pt. 984 Pg.105. Nothing has been placed before this Court to sway this Honorable Court to exercise its discretion to grant the convict bail pending his appeal”. –
CASES CITED
Not Available
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999|Court of Appeal Act Cap C 36 Laws of the Federation of Nigeria 2004|Court of Appeal Rules 2007|Court of Appeal Rules, 2016|Penal code|
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