Abdulbasit Ohize V. Commissioner Of Police (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of the Federal Capital Territory, Abuja delivered by Honourable Justice M. E. Anenih on the 13th day of February, 2012 whereby the appellant was arraigned for the alleged criminal offence of 1 count charge of causing death by negligent conduct contrary to Section 225 of the Penal Code Law.

The brief facts of the case are that the Appellant was in September 2011 arrested by the Respondent in Abuja and the Respondent’s officers obtained the statements of the Appellant and detained him. The Respondent refused the Appellant police bail after several requests. The Appellant spent over 4 months in the custody of the Respondent before he was arraigned on the 1st of February, 2012.

The Appellant was arraigned for the alleged criminal offence of 1 (one) count charge of causing death by negligent conduct contrary to Section 225 of the Penal Code Law. The Appellant denied the charges in the sole count and was remanded at Kuje Prison Abuja by the lower court and the Appellant’s counsel filed a motion on notice on the 27th of January, 2012 for the bail of the Appellant. The Respondent opposed the application and filed a 10 paragraphed counter-affidavit dated 17th February, 2012. The lower court took arguments of both counsels. On the 13th February 2012, the lower court delivered its ruling and refused the bail application and ordered that the Appellant be remanded in prison custody.

The Appellant herein being dissatisfied with the ruling filed a Notice of Appeal containing 3 grounds of appeal and is seeking that the appeal be allowed and admitting the Appellant on bail pending the final determination of the substantive suit at the lower court.

The grounds of appeal are –

Ground One:

The learned trial judge erred in law by refusing to grant bail to the Appellant and shifting the burden on the accused/appellant when he held:

“The applicant reason was not supported with necessary evidence and is the duty and the onus is on the applicant to place reason before the court and such error occasioned a miscarriage of justice.”

Ground Two:

The learned trial Judge erred in law when he refuse to grant bail to the Appellant and exercise his discretion wrongly by holding that the Applicant place insufficient grounds before the court and such error occasioned a failure of justice.

Ground Three:

The learned trial Judge failed to properly evaluate and ascribe probative value to the facts contained in the affidavit of the Appellant when he held that the mere fact that the Applicant is married is not enough ground to grant bail and such failure occasioned miscarriage of justice.

In the Appellant’s brief of argument settled by Abdulhamid Mohammed Esq., filed on 29/11/2012, two issues were formulated for determination and they are: