Abdul Gafar Alaya V. The State (2007)

LawGlobal-Hub Lead Judgment Report

AGUBE, J.C.A.

This is an appeal against the ruling of M. A. Akoja, J. delivered on the 6th day of September, 2004 in the High Court of Kwara State sitting at the llorin Division, wherein he refused the accused bail pending his trial for the offences of armed robbery and unlawful possession of fire arms contrary to sections 1 (2) and 3(1) of the Robbery and Firearms (Special Provisions) Act. Cap. 398, Laws of the Federation of Nigeria. 1990.

The application was grounded under sections 341 of the Criminal Procedure Code. 36(5) and (6) of the 1999 Constitution and the inherent jurisdiction of the court below.

From what has been gathered from the record of proceedings and briefs of argument filed by respective counsel to the parties, the accused/applicant/appellant was first arraigned in the Chief Magistrates Court on an F. I. R. (First Information Report) disclosing the alleged offences of robbery and unlawful possession of arms and upon an application for bail orally and subsequently in writing, the learned Chief Magistrate Adegbite refused the bail of the accused person on the ground of want of jurisdiction. Nevertheless, he in his considered ruling held:

“The application therefore fails and the earlier order remanding the accused/applicants thereby subsists”.

Sequel to the refusal of bail by the Chief Magistrate, the accused/applicant proceeded to file the application, which is the subject of this appeal. The accused/applicant supported his application with a fourteen paragraphed affidavit to which exhibits A and B (the F. I. R. and the ruling of the Chief Magistrate in the earlier application for bail), were annexed.

A further and better affidavit of nine paragraphs was also deposed to in reaction to the counter-affidavit of the respondent who also filed a further counter-affidavit to the further and better affidavit of the applicant.

Annexed to the counter-affidavit of the respondent is exhibit “MOJ” a purported confessional statement of the accused person.

Arguments were taken from counsel and in a well considered ruling, the learned trial Judge refused the bail of the accused/applicant and dismissed the application.

Dissatisfied with the ruling aforesaid, the accused/applicant/appellant herein has now appealed to this Honourable Court as per the grounds of appeal hereunder reproduced as follows:-

“Ground 1. Error in Law:

The learned trial Judge erred in law by his refusal to admit the accused/appellant to bail on the premise that he did not disclose any exceptional circumstances to warrant the success of his bail application.

Particulars

(1) The applicant is a student of Kwara State Polytechnic Ilorin and in search of a place for his industrial attachment before his arrest and eventual detention.