Chukwukere Onyirioha V. Inspector-general of Police (2007)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

This is an Appeal against the ruling of Hon. Justice Kayode Bamisile of Ado-Ekiti Judicial Division of the High Court of Justice Ekiti State.

The Accused/Appellant was arraigned before the court on the 23rd day of May, 2006 along with two others on a ten count charge of Conspiracy, stealing and obtaining money under false pretences contrary to the Advance Fee Fraud and other Related Offences Act NO.13 of 1995, (as Amended by the Tribunals certain consequential Amendments ETC.) Act NO.62 of 1999.

After the Accused persons had pleaded not guilty to the charge, an oral application was made for the bail of the Accused persons. In his Ruling the learned trial Judge ordered as follows:-

“By the provisions of section 13(3) of Decree No. 62 of 1999 stipulated (sic) the condition of bail, that Accused persons be made to Deposit one quarter (1/4) of the total amount involve (sic) in the Chief Registrar account. Consequently in compliance with this provision of section 13(3) of the Decree No. 62 1999, Bail is granted to each of the three accused persons on the condition that they should deposit the sum of Twelve Million, Seven Hundred and Fifty-Five Thousand Naira (N12,755,000.00) which is one quarter of the total of the amount involved in count ten as Fifty-one Million and Twenty Thousand (N51,020,000.00). The sum of N12,755,000.00 (Twelve Million Seven Hundred and Fifty Thousand is to be deposited with the Chief Registrar of Ekiti State Judiciary. In the event that the three persons could not pay this amount, they are to remain in the prison custody.”

On the 23rd day of May, 2006, Victor Mbanaso Esq. of Counsel for the Appellant by a motion on Notice filed same day prayed the court below to review the conditions of the bail granted the Accused/Appellant and for an order cancelling the condition that the Accused persons deposit the sum of N12,755,000.00 or any other sum whatsoever as condition for his bail as the said condition is unconstitutional, null and void.

The motion was supported by a ten-point affidavit deposed to by one Omeoga Chukwu Esq. a legal practitioner of 94 Clegg Street Surulere Lagos. After hearing the submissions of Counsel on the motion the learned trial Judge in a well considered ruling delivered on 28/7/2006 refused the prayers for the review of the condition that the Accused persons deposit the said sum which is equivalent to one quarter of the amount involved in the charge and for the cancellation of the said condition.

Dissatisfied with the said Ruling the Appellant has now appealed to this court by a Notice of Appeal with three Grounds filed on the 19th day of September, 2006 and dated same day.

Shorn of their particulars the Grounds of Appeal are hereunder reproduced as follows: –

GROUND 1: ERROR IN LAW:

“The Honourable High Court of Ekiti State erred in law when it imposed the condition that the Accused/Appellant deposit a quarter of the sum of money he is accused of stealing as condition for this bail, and thereafter refused the Application, to review the conditions of bail removing the said condition.

“2. ERROR IN LAW:

The honourable trial Judge erred in law when he held that he was bound to impose the conditions for bail provided for in the Advance Fee Fraud Act.

“3. ERROR IN LAW: