EZEANYA DURU V. PETER ONWUMELU
June 20, 2025EJUETAMI V OLAIYA
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 28171
In the Supreme Court of Nigeria
Fri Dec 14, 2001
Suit Number: SC.96/1995
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
UNION BANK OF NIGERIA PLC APPELLANT(S) / DEFENDANT(S)
PLAINTIFFS / RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant is standing trial alongside four others in the High court of Lagos state on an information filed 27th of January, 2000 containing allegation of conspiracy to commit murder, attempted murder on Chief Alex Ibru and Isaac Porbeni at two different times and causing grievous bodily hurt on Chief Alex Ibru at different period in Ikoyi. The Appellant applied for bail pending trial which was refused at both the trial and appellate court and hence, this appeal to the Supreme Court.
HELD
The court held that a court owes a general duty bound to consider and pronounce upon all issues for determination before it, and failure to do so as was in this case did not occasion a miscarriage of justice, and granting or refusal of bail pending trial is at the discretion of the court, therefore refusing the Appellant’s application for bail was within the competence of the court lower court.
ISSUES
“1. Whether the Court of Appeal was right when it failed to consider and pronounce upon all the issues formulated by the appellant from the grounds of appeal validly filed and thereby occasioning a grave miscarriage of justice.2. Whether the Court of Appeal was right, in the circumstances of this case in affirming the decision of the trial court refusing appellant bail.”
RATIONES DECIDENDI
A COURT MUST CONSIDER ALL ISSUES RAISED BY PARTIES.
A court of law has a duty to pronounce on all material issues brought before it for determination. PER UWAIFO JSC.
CASES CITED
The State v. Ajie (2000) 7 SC.(Pt. I) 24; (2000)11 NWLR (Pt. 678) 434. R.v. Robinson (1854) 23 L.J.Q.B. 286; Mamuda Dantata v. Police (1958) NRNLR
STATUTES REFERRED TO
Evidence Act1979 ConstitutionSupreme Court Act 1960
