Adegbesan Theophilous V. Federal Republic Of Nigeria & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

This Appeal turns on a narrow issue of bail. The Appellant?and the 2nd and 3rd Respondents were arraigned before the Lagos State High Court, and charged with sundry offences, including conspiracy to and obtaining money by false pretences, Stealing, and money laundering. He pleaded not guilty to Counts 1 to 6 and 15 of the 19-Count Charge on 7/7/2014.

On that day – 7/7/2014, a joint Application for their bail dated 23/6/2014, was moved, and the Lower Court reserved Ruling thereon until 8/7/2014, and ordered that the “Accused be remanded in Kirikiri Maximum Prison”. On 29/9/2014, learned Counsel re-adopted their arguments, and in his Ruling delivered that day, the learned trial Judge, Lawal-Akapo, J.?held –

“Paragraphs 8, 9, 11, 12, 18, and 19 of the Respondent’s Counter-Affidavit are very germane. They are hereby reproduced ——Failure of the Applicants to file a Rely to these serious and nostalgic averments amounted in law to admission of those facts —With the admission of these cogent and pointed facts can it be said that the Applicants have fulfilled the above conditions with respect

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to grant of bail? The answer clearly is in the negative. By these admissions, the Applicants have demonstrated that they may not surrender themselves for trial and if released on bail may likely interfere with the Prosecution’s evidence. – – All things considered. I find no merit in the Application. It is accordingly dismissed.”

The Appellant later filed a fresh Application dated 20/10/2014 praying for;?

“An Order admitting [him] to bail pending the determination of Suit No.ID/6676c/2014 now pending against him before the Hon. Court.”

The Application was supported by a 14-paragraph Affidavit deposed to by his younger brother, Adeshina Adegbesan, who averred as follows-

3. The Applicant was arrested on 2/4/2014 and is currently detained at Kirikiri prison and thus cannot personally depose to this Affidavit.
4. I have the consent of the Applicant to depose to this Affidavit.
5. The Applicant was charged with conspiracy to obtain money by false pretence and stealing. Applicant is charged only in counts 1 to 7 of the charge.
6. The applicant works with Marc-Angel Ventures Limited before his arrest, does his work diligently and has

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2 never been involved in any crime or indictment.

7. The Applicant has nothing to do with the offence charged in Exhibit A attached to this Application. He is innocent of the allegation contained in the information laid before the Hon. Court.
8. The Applicant is ready to stand the trial in order to clear himself of the allegation contained in the charge.
9. The Applicant has spent over six months under incarceration in detention and the condition in the prison makes the Applicant to be receiving punishment when he is innocent of the charge.
10. The Applicant will not interfere with the investigation which has been completed with the filling of the charge against the defendants.
11. Since the arrest and detention of the Applicant, the children of the Applicant have been sent out of the school due to non-payment of school fees occasioned by the detention of the Applicant.
12. The health of the Applicant has deteriorated in detention, the health of the Applicant is failing rapidly.
13. The Applicant is prepared to present responsible sureties who will ensure that the Applicant appears throughout the trial. The Applicant will not

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3 jump bail if he is released on bail.