Wilson Bonsi V. Federal Republic of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.

The Appellant/Applicant vide a motion on notice dated and filed 23rd February, 2016 sought for an order, to wit, “admitting the Applicant to bail on very liberal terms, pending the hearing and determination of the appeal against his conviction and sentencing to 12 years imprisonment by this honourable Court.” The grounds upon which the application is predicated are as follows:
1. “The Applicant has appealed against the Judgment of the lower Court delivered on 30th October, 2015;
2. The appeal raises substantial grounds of law with very strong likelihood of success;
3. The Applicant was on bail all through the proceedings before the lower Court and did not jump bail or interfere with the prosecution of the case;
4. The Applicant filed a similar dated 20/11/2015 before the lower Court, but same could not be heard before the compilation and transmission of the record of appeal to this honourable Court.
5. It is in the interest of justice to admit the Applicant to bail on very liberal terms.”

The application is supported by an Affidavit dated 23rd February,

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2016; a Further Affidavit in support filed 25th June, 2016 and a 2nd Further Affidavit filed 17th June, 2016; deposed to by Mike Ogie, a legal practitioner in the law office of Femi Atoyebi & Co, Solicitors to the Appellant/Applicant.

In response, the Respondent filed a Counter-Affidavit dated 27th June, 2016 and filed 28th June, 2016 and deposed to by one Moses Awolusi, an Investigative Officer of the Economic and Financial Crimes Commission (EFCC).

Both the Applicant and the Respondent filed a written address dated 17th June, 2016 and 25th June, 2016 respectively. In the Applicant’s written address prepared by Femi Atoyebi, SAN; Abosede Akande (Mrs.); Tony Dania Esq.; Gbenga Awoseye, Esq.; of Femi Atoyebi & Co, a sole issue was formulated thus:
“Whether this is a proper case in which this honourable Court should exercise its discretion in favour of the Applicant by admitting her to bail on liberal terms pending the determination of the Applicant’s appeal to the Court of Appeal?”

Rotimi Oyedepo Iseoluwa, Esq. prepared the Respondent’s written address dated 27th June, 2016 where a sole issue was also nominated thus:

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“Whether from the facts and circumstances of this case as presently constituted, it could be said that the Appellant/Applicant as placed sufficient materials before this honourable Court upon which this Court can exercise its discretion in his favour.”

The issues formulated by counsel are basically the same, save for semantics. The application shall therefore be resolved on the sole issue nominated as enumerated above.

Arguing the sole issue, Applicant’s counsel submitted that the Applicant never breached any of the terms of the bail earlier granted it by the lower Court in the course of the proceedings before it. It is the submission of counsel that the offences the Applicant was convicted for are bailable offences for which this honourable Court has the power to admit the Applicant to bail on very liberal terms vide Section 165 (1) of the Administration of Criminal Justice Act, 2015 and the decision whether to admit the Applicant to bail on very liberal terms is absolutely at the discretion of this Court. He cited DOKUBO ASARI v. F.R.N. (2007) 12 NWLR (Pt. 1048) 320 at 349 to submit that the Applicant has disclosed cogent reasons upon which

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