Chika Madu V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M. DATTIJO MUHAMMAD, (OFR) (Delivering the Leading Judgment)

This is an appeal against the ruling of the Rivers State High Court presided by Aprioku J. dated 30th July 2010 wherein the appellant’s application for the variation of bail conditions was dismissed. Let me briefly provide the facts which led to the ruling being appealed against.

The appellant was arraigned before a magistrate court on a one count murder charge and thereafter remanded in prison custody. Following his application for bail to the High court, the appellant was granted bail and on the fulfillment of the bail terms released on bail.

The respondent having subsequently preferred information against him, the appellant was arraigned before the High Court Coram Aprioku J. Appellant’s plea was eventually taken on 21st January 2010 after nearly a year of his initial arraignment. Before then, he had enjoyed the bail granted to him earlier by the court as presided by Okocha J. The court as constituted by Aprioku J. allowed the Appellant to continue with the bail in the terms granted by Okacha J. and adjourned the case to subsequent dates in March for Appellant’s, renewed bail application to be taken and hearing into the case to commence. The case suffered series of adjournments during which period the appellant continued with the bail granted him. He voluntarily attended court without fail. On 20th July 2010 the lower court revoked appellant’s earlier bail but regranted him bail on conditions considered more stringent. Incapable of fulfilling the conditions, the appellant was remanded in prison custody.

The appellant’s application for the variation of the bail conditions came up for hearing at the lower court on 26th July 2010 and was adjourned to 30th July 2010. On that date, hearing into the case commenced after the court’s attention had been drawn to appellant’s application for the variation of the conditions of bail. What transpired in the court is better appreciated from the proceedings of that day hereunder reproduced form page 39 lines 10-19 of the record of appeal for ease of reference:

“CM Ngumoha, Esq.: My Lord, this is an application filed on 28/07/10, to vary the conditions for bail. We rely on the 22 paragraphs affidavit and our written address as argument.

Court: This court will not vary the bail conditions as the applicant who is facing a murder trial have not placed sufficient material facts for me to vary the order for bail.

Application is dismissed.

SGD.

S.H. APRIOKU

(JUDGE) 30/07/2010”

It is glaring from the foregoing that the court had not been formally moved by counsel and arguments for and against the application taken before the court’s decision was arrived at.

Aggrieved by the ruling, the appellant has appealed on a Notice containing two grounds filed on the 13th August 2010. The two grounds of Appeal are hereunder reproduced from pages 49-51 of the record without their particulars for ease of reference:

GROUND 1.