Aminu Musa & Ors V. Commissioner of Police (2003)

LawGlobal-Hub Lead Judgment Report

IKECHI FRANCIS OGBUAGU, J.C.A.

This is an appeal against the decision/ruling of the Plateau State High Court, presided over by Mann, J. sitting as a vacation Judge and delivered on 16th September, 2002.

Each of the appellants, filed a separate notice and grounds of appeal containing the same five (5) grounds of appeal. Without their particulars, they read as follows:

Ground 1
The learned High Court Judge misdirected himself in law by disregarding and refusing to follow the decision in Anaekwe v. C.O.P. (1996) 3 NWLR (Pt. 436) 320 (sic) and thereby refused bail to the appellant. And thereby occasioned a miscarriage (sic).

Ground 2
The lower court misdirected itself in law, in undermining and/or making nonsense of presumption of innocence in favour of the appellant by wrongly invoking and interpreting section 35(7) (a) of the Constitution. And thereby, occasioned a miscarriage of justice.

Ground 3
The decision of the court below is against the evidence before the court.

Ground 4
The court below erred in law, when it refused to realize the appellants had shown special circumstance which warrant the grant of the appellant’s application which error caused failure of justice (sic).

The facts of the case, according to the appellants, is that they were arrested at random by the Police on or about 10th September, 2001, during the ethno-religious crisis that erupted in Jos and its environs. Whilst the appellants claim in the affidavit in support of their application for bail, that they were arrested in their respective residences (sic), the respondents, in the counter-affidavit in opposition to the said application averred that some of the appellants, were arrested along Gangare and Zololo junction areas of Jos on or about 7th September, 2001, while committing various criminal offences.

It is further deposed in the said counter-affidavit, that some of the appellants, were arrested along Massalachi Juma, a Street and Kwararafa areas of Jos on or about 7th September, 2001, while committing various criminal offences.

There is evidence in the record of proceedings, that the accused/appellants, and other accused persons, were charged to court. In charge/suit Nos. UACK/57/2001 and UACK/62/2001, sixteen (16) and twenty two (22) accused persons respectively, were arraigned/charged before the Upper Area Court of Plateau State holden at Kabong, Jos, on 4th and 6th December, 2001, while in Charge/Case Nos. PLD/J/23c and 24c/2002 respectively, twenty three (23) of the accused persons, were charged in the High court of Plateau State holden at Jos, with several offences including culpable homicide punishable with death under section 221 of the Penal Code.

The said Upper Area Court refused the appellants’ application for bail on the ground of lack of jurisdiction. Some of the accused persons named in the first information, then applied to the Federal High Court, Jos in suits Nos. FHC/J47/2002 -Awalu Mohammed & 11 Ors. v. Comm. of Police and FHC/J/48/2002 – Alhassan M. Saleh & 7 Ors. v. Comm. of Police for the enforcement of their fundamental human rights and for an order quashing the proceedings and order of the said Upper Area Court, Kabong, Jos. On the application of the prosecutor, the two suits/ applications, were consolidated by that court. The applicants in the two applications, were ordered to be released and they were released on bail on 2nd August, 2002.

After the DPP of Plateau State was served with the processes in the Federal High Court, on 31st July, 2002, criminal charges were preferred against all the accused persons named in the First Information in the said charge/suits Nos. PLD/J/23c/2002 and PLD/J/24c/2002 respectively. On 13th August, 2002, the 1st, 2nd, 3rd and 4th appellants, filed a summons in the High Court, Plateau State, Jos, to admit them to bail pending trial in case No. PLD/J/28m/2002 while on 2nd September, 2002, the 5th, 6th, 7th and 8th appellants, filed a summons in case No. PLD/J/135m/2002 in the same High Court also, to admit them on bail pending trial. On the application of the prosecution/respondent, the two applications were consolidated for hearing. The respondent filed a counter-affidavit in opposition.

After hearing arguments on 11th September, 2002, from both learned Counsel for the parties, in a considered ruling delivered on 16th September, 2002, the learned Judge, dismissed the application.
Dissatisfied with the said decision/ruling, the appellants, have appealed to this court on the said five (5) grounds of appeal reproduced hereinabove.

The appellants have formulated two (2) issues for determination, namely;
1.01 Whether or not, the lower court exercised its discretion judicially and judiciously in dismissing the appellants’ application for bail having regards (sic) to the entire circumstances of the case (distilled from grounds 2, 3, 4, and 5).