Fajana Ifedayo Eddi V. Commission of Police (2006)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSIE, J.C.A.

The Appellant in this case, Mr. Fajana Ifedayo O, was arraigned before the Magistrate Court on a FIRST INFORMATION REPORT (F.I.R.) on the allegation of “being a member of Secret Cult contrary to Section 11(i) of the Secret Cult and Secret Societies in Educational Institution (Prohibition) Law 2004 of Kwara State. The learned Chief Magistrate refused to admit him to bail and ordered that he be remanded in prison custody thereafter filed an application before the High Court of Justice, Ilorin wherein he claims the following reliefs:-

(1) “AN ORDER of this Honourable Court Vacating the Order of detention made against the Accused/Applicant on the 3rd of November, 2004 by the Chief Magistrate Court Ilorin.

(2)AN ORDER of this Honourable Court admitting the Accused/Applicant to bail pending the final determination of this case.

(3) AND for such Order of further Order as Honourable Court may deem fit to make in the circumstances of this application,”

The learned trial High Court Judge, having heard both parties, refused the application, In conclusion, the lower Court held as follows:-

“In the light of the explanation given, I find that no special circumstances have been shown to warrant the court to admit the accused applicant to bail despite all the reasons enumerated above, the application is refused in its entirety as the court is not inclined to admit the accused applicant to bail.”

The Appellant being dissatisfied with this decision had by a Notice of Appeal dated 5/10/05 appealed to this Court on four (4) grounds of appeal. The grounds without their particulars are herewith reproduced:-

(1) The learned trial Judge erred in law in holding that there were no special Circumstances to warrant the admission of the Applicant to bail and that the Applicant was not entitled to bail pending trial considering the rampancy of the alleged offence in higher institutions of learning and the society

(2) The learned trial Judge erred in law in refusing the bail of the applicant on the ground that he will jump bail

(3) The learned trial Judge erred in law in refusing to admit the Applicant to bail.

(4) The ruling of the trial court is unwarranted and cannot be supported having regard to the affidavit evidence”

In compliance with the rules of this court, both parties filed and exchanged their respective Briefs of Arguments. The Appellant in his Brief of argument dated 17/11/05 formulated only one issue for determination as follows.

“Whether, taking the circumstances of this case into consideration, the learned trial Judge was not wrong to have refused to admit the Appellant to bail.”