Emmanuel Ehidiamhen Okoyomon V. Attorney General Of The Federation (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Lead Ruling)

This is an application brought pursuant to Order 7 Rule 1 of the Court of Appeal Rules and the inherent jurisdiction of this court; it is for an order of this court admitting the appellant/applicant to bail pending the determination of his appeal against the judgment of Honourable Justice E. S. Chukwu of the Federal High Court, delivered on the 4th of May, 2015 in suit No.FHC/ABJ/CS/670/14, between the Attorney General of the Federation v. Emmanuel Ehidiamhen Okoyomon; and for an order of this court granting accelerated hearing of this appeal. The prayer for accelerated hearing was withdrawn and struck out without objection.

The grounds upon which the application is brought are that:

1. The appellant/applicant herein being dissatisfied with the judgment of this trial court has filed two Notice of Appeal on the 6th and 8th days of May, 2015,
2. That the Appellant/Applicant is having severe health challenges while in custody at Kuje Prisons, Abuja.
3. That there is no medical facility made available to the Appellant/Applicant for use despite repeated demands.
4. That it is in the

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interest of justice to grant the Appellant/Applicant bail pending appeal, to enable him seek proper medical attention and care outside the said Kuje Prison.

5. That the Appellant had been previously refused bail by this Honourable Court on 25th June, 2015 but new facts arising from recent medical examination authorized by the Nigerian Prison Service have made it necessary for this present motion to be brought for the Appellants bail.

The application is supported by a 25 paragraph affidavit deposed to by Lukman Fagbemi, with the judgment of the Federal High Court Abuja complained of as Exhibit A, the notice and grounds of appeal against the judgment in Attorney General of the Federation v. Emmanuel Ehidiamhen Okoyomon delivered on the 4th of May, 2015 filed on the 6th of May, 2015 as Exhibit B, another notice and ground of appeal against the same judgment filed on the 8th of May, 2015 as Exhibit C, a request for full medical report by the Deputy Controller of Prisons to the Consultant Cardiologist at Asokoro District Hospital dated 22nd of September, 2015 as Exhibit D, a medical report from the Asokoro District Hospital to the Deputy Controller of

2 Prisons, also dated 22nd of September, 2015 as Exhibit E.

In opposition to the application of the applicant, the respondent filed a 24 paragraph affidavit deposed to by Akutah Pius Ukeyima with the ruling of this court in CA/A/260/2015 Emmanuel Ehidiamhen Okoyomon v. Attorney General attached as Exhibit 1, motion on notice for bail before the Federal High Court Abuja filed on the 29th July, 2015 as Exhibit 2, and counter affidavit against that motion in the same Federal High Court filed on the 5th of August, 2015 as Exhibit 3.

In response to the counter affidavit the appellant/applicant filed a further affidavit of 22 paragraphs deposed to by Charity Adah also with written address of learned senior Counsel on points of law attached.

Dr. Alex A. Izinyon, SAN learned Counsel for the appellant/applicant formulated the following issue for determination:

Whether the appellant is entitled to the grant of bail pending appeal in the light of his deteriorating health condition.

On issue one it is submitted for the appellant/applicant that his further deposition shows that his health has further deteriorated since the ruling of the 25th of June,

?3 2015 dismissing his earlier motion for bail, as further buttressed by Exhibits D and E, a letter from the Nigerian Prisons Service and medical report of the evaluation of the appellant’s health submitted to the Nigerian Prisons Service respectively.

That the failing or deteriorating condition of a person in custody is a factor worthy of consideration in determining whether to grant him bail or not, he referred this court to ABACHA v. STATE (2002) 5 NWLR part 761 at 653.