Ikechukwu Okoronkwo V. Federal Republic Of Nigeria (2014)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
AMIRU SANUSI, OFR, J.C.A. (Delivering the Lead Ruling)
By way of undated motion on notice filed on 18th December 2013, the applicant seek the indulgence of this court to vary the conditions for bail granted him by this court on 20th November 2013 pending the determination of his appeal he lodged at the Enugu State High Court (the lower court) against the judgment of Magistrate Court, Enugu State (hereinafter called “the Trial Court) which convicted him of the offence of 13 count charges of stealing by conversion and forgery etc. In this motion, the reliefs sought by the applicant are hereinafter stated, thus:
“1. AN ORDER varying paragraph iii (sic) and iv of the conditions upon which the Appellant/Applicant was admitted on bail by this Honourable Court on 20th November, 2013.
- AN ORDER varying the conditions as contained in paragraph (sic) iii and iv of the Order of the court granting bail to the Appellant/Applicant which states as follows;
iii. The said two persons shall each also depose to an affidavit of means and ownership of a property in the Capital of any State in Nigeria accompanied by the valuers report showing it has a minimum value of Ten Million Naira (N10,000,000.00).
iv. Each of the said two persons shall deposit the original copy of the certificate of his statutory right of occupancy with the Chief Registrar of the Enugu State High Court with a memorandum of deposit indicating therein that the property is a security for the appellant attending his said trial and that if he fails to attend court any day of the trial, the said property shall stand automatically forfeited to the state.”
The application is supported by a 13 paragraph affidavit deposed to by the applicant himself. A written address was filed by the applicant in support of the application, which is dated 27/2/2014.
Upon being served with the applicant’s motion and written address, the respondent reacted by filing a ten paragraph counter affidavit deposed to by one Mamza Ahmed Dauda on 20/11/2014 to which a certified true copy of judgment of Magistrate Court Enugu State dated 27/6/2013 and photocopy of written application of one Eze Gil dated 20/7/2011 and written address of counsel dated 11/3/2014 were all annexed. It needs to be mentioned here also, that the applicant filed a Further and Better Affidavit in support of his motion of 18/12/2013 which contains 22 of documentary exhibits.
“1. AN ORDER varying paragraph iii (sic) and iv of the conditions upon which the Appellant/Applicant was admitted on bail by this Honourable Court on 20th November, 2013.
- AN ORDER varying the conditions as contained in paragraph (sic) iii and iv of the Order of the court granting bail to the Appellant/Applicant which states as follows;
iii. The said two persons shall each also depose to an affidavit of means and ownership of a property in the Capital of any State in Nigeria accompanied by the valuers report showing it has a minimum value of Ten Million Naira (N10,000,000.00).
iv. Each of the said two persons shall deposit the original copy of the certificate of his statutory right of occupancy with the Chief Registrar of the Enugu State High Court with a memorandum of deposit indicating therein that the property is a security for the appellant attending his said trial and that if he fails to attend court any day of the trial, the said property shall stand automatically forfeited to the state.”
It is the prayer/suggestion of the Applicant for the said paragraphs of the Order of this Honourable Court to read thus:
“iii. The said two persons shall be Civil Servants of Grade Level 12.
iv. And each of the said civil servants shall deposit a copy of their letter of appointment and last promotion with the Chief Registrar of the Enugu State High Court.”
I have carefully studied the contents of the Applicant’s affidavit in support of his motion of 18/12/2013, his further and better affidavit of 12/2/2014, and the Respondent’s counter Affidavit of 20/1/2014.
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