Niyi Adelagun V. Federal Republic Of Nigeria (2009)

LawGlobal-Hub Lead Judgment Report

AYOBODE D. LOKULO-SODIPE, J.C.A.

This appeal is against the Ruling delivered on 24/12/2004 by Honourable Justice M.N. Oniyangi of the High Court of the Federal Capital Territory, Abuja dismissing the Appellant’s application dated and filed on 23/9/2004 for the interim release of his International Passport to enable him travel abroad for urgent medical attention and treatment before 14/10/2004,

The facts of the case involving the Appellant are that he was arraigned as the 1st accused person along with five others in Charge No. CR/11/04. The Charge contains 16 counts and the Appellant is alleged therein to have given gratification to public officers. The accused persons, upon their application for bail, were granted same and one of the conditions was that each one of them should deposit his International Passport with the Commissioner of Police for the Federal Capital Territory, Abuja (hereinafter simply referred to as “the COP”). Charge No. CR/11/04 was withdrawn by the prosecution on 2/6/2004 and the court discharged the order compelling each of the accused persons in the Charge to deposit his International Passport with the COP but the Appellant’s Passport was not released to him despite repeated demands for the same.

The Appellant and some others were again arraigned in Charge No. CR/20/2004 and bail was again granted to the Appellant on 3/6/2004 upon application in that regard by his counsel. Again the deposit of his International Passport (which was already with the COP) with the Inspector-General of Police (hereinafter simply referred to as “the IGP”) was made a condition of the bail. The Appellant subsequently suffered deterioration in his health condition which made him file an application dated and filed on 23/9/2004 for: (i) an order of interim release of his Passport to enable him travel abroad for urgent medical treatment before 14/10/2004.

The prosecution opposed the application. The lower court after considering all affidavits and counter affidavits filed in respect of the application as well as written addresses of the parties dismissed the Appellant’s application, The Appellant being dissatisfied with the Ruling of the lower court dismissing his application on 9/2/2005, lodged an appeal against the same by filing a Notice of Appeal of the same date,

The Notice of Appeal contains four grounds of appeal. The grounds of appeal shorn of their particulars read thus:

“GROUND ONE

The learned trial Judge erred in law and on the facts when he held that the Accused/Applicant had failed to deposit his international passport with the Inspector General of Police as ordered and could not be heard asking for the court order releasing same to him.

GROUND TWO

The learned trial Judge erred in law when he dismissed the Accused/Applicant’s application for the interim release of his international passport.

GROUND THREE

The learned trial Judge erred in law when he held at page 9 of the Ruling:

“The argument of the learned silk representing the Accused/Applicant that the Commissioner of (Police in custody of whom is the said passport is an agent of the Inspector General of Police is not tenable. I disagree with this line of argument “and thereby occasioned a miscarriage of justice.

GROUND FOUR