Ifeanyi Martins Amadikwa V. The State (2005)

LawGlobal-Hub Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an application dated 6/02/2015 filed on 6/02/2015 praying for the following order:

“AN ORDER admitting the Applicant Ifeanyi Martins Amadikwa to bail pending the hearing and determination of the Appeal”.

The application is premised on the following grounds:

1. Health of the Appellant/Applicant.
2. Appellant/Applicant was on bail at the Trial Court before conviction and did not jump bail.
3. Appellant/Applicant’s further stay in Prison custody will not only jeopardize his life but also that of other inmates in view of his complicated health situation which includes a highly infectious disease.

In support of the application is a 17 paragraph affidavit with several Exhibits. The applicant also filed a further affidavit of 5 Paragraphs on 2/03/2015. In opposition to the above, the Respondent filed a counter-affidavit of 11 Paragraphs.

The pertinent paragraphs to are herein reproduced. Paragraph 6-10 of the affidavit in support of the motion states thus:

“6. That my health is very frail and bad. I am married with children. Members of my family who are familiar with my condition, usually assist to get on with life. My imprisonment has made my health condition to deteriorate.

7. That I have been an Epileptic patient from my childhood. However, sometime in life I contracted Tuberculosis and also suffer from what the Doctors described as Gastropheageal Reflux Disease. With the assistance of my beloved wife, I have been managing these conditions at the CENTRAL HOSPITALS, Benin City. The doctors have described my condition as life threatening. A copy of my medical report from the Central Hospitals, Benin City and duly signed by one Dr. Igbinobaro A. is hereby attached and marked as Exhibit “C”.
8. That upon my conviction and sentence on the 17th day of December, 2014, I was taken to the Federal Prisons Oko, Benin City. The prison condition is not good for my health. I complained seriously and was seen by the medical doctor-in-charge one Dr. Uzuegbu Chibuzo, a Deputy Controller of Prisons, (Medical Section). The said medical expert ordered an X-ray to be conducted on me. A copy of the result of the said X-ray is herein attached and marked as Exhibit “D”.
9. Thereafter, the said Dr. Uzuegbu Chibuzo referred to able took further steps to examine me. He diagnosed me with Gastro-oesophageal reflux disease with epileptic attack as well as tuberculosis. He thereafter opined and I very believe him that the prisons lack the facilities to manage my complicated condition. He also opined that I will get better treatment outside the prisons. A copy of the medical report duly issued by the prisons medical section is herein attached and marked as Exhibit “E”.
10. That my condition is deteriorating every day. I usually pass out blood in my stool. On such occasions when I have epileptic attacks, other inmates usually shun me and avoid coming close to me because they are aware of the fact that I also suffer from tuberculosis which is infectious. I do not enjoy any assistance from other inmates, rather they fear coming close to me. Other inmates claim that they are trying to avoid tuberculosis infection from me.”

The Respondent in opposition stated in paragraphs 8 & 9 of the counter affidavit thus:

“8. That we admit paragraph 9, to the extent that there is a medical report, but deny that he cannot have good medical attention within the prison medical service.

9. That I am informed by M.O. Omozeghian the Director of Public Prosecution and lead prosecuting counsel in this case in his office on 26/2/15 at about 2.55 p.m. and I verily believed him as follows:

(a) That the Appellant/Applicant was prosecuted at the Edo State High Court Criminal Division Court (2) Benin City, for the offence of Advance fee fraud.

(b) That the Appellant/Applicant was convicted by the trial court and sentenced to 10 (ten) years in prison with hard labour.

(c) That the basis of the Applicant application is ill-health.

(d) That the ill-health of the Applicant is not life threatening.

(e) That the Appellant/Applicant is entitled to treatment in any Government hospital from the prison custody.