Ralph Uwazurike & Ors. V. Attorney General of the Federation (2008)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A.

This is an Appeal against the Ruling of the Federal High Court Abuja in an application for bail delivered on the 27th day of January, 2006 in charge No.FHC/ABJ/76/05 Attorney General of the Federation AND Ralph Uwazurike & 6 others .

In a considered Ruling, the Learned Trial Judge held at pages 105 to 106 of the record thus:-

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It is argued that criminal cases before the Federal High Court are conducted in a summary manner which means it cuts out the technicalities and as much as possible but I believe without compromising the fundamental requirement that an accused needs to know the evidence against him so as to prepare his defence. There is no standard format that a proof of evidence is expected to take. What the prosecution has filed is titled summary of Overt Act. It goes ahead to itemize the acts alleged against the accused persons and the times and places. Even though it is not called proof of evidence. It has given the accused persons all they need to know to prepare for their defence. If they need more all they need do is apply to the Court to order the prosecution to provide more facts or be more explicit.

I fail to see how this is fatal to the case bearing in mind that the trial has not commenced without these. The Court can order that proof of evidence be provided thus regulating its procedure and moving away from summary trial to a full fledged trial.

Consequently, I hereby order that the prosecution files a proof of evidence in the trial of this case.

On the issue of bail, treason by its nature being one that carries a capital punishment is not ordinarily bailable both by the C.P.A. and the C.P.C. Bail can be granted in capital offences in certain cases and had been granted in certain cases of murder .

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Bail is at the discretion of the court but enough material must be placed before the Court to persuade it to exercise the discretion in favour of the Applicants. I am mindful of the averment of the Respondent that investigations are still going on in the matter and will find it difficult to grant bail under such circumstances. Bail there (sic) refused.

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