James Danbaba V. The State & Ors. (2000)

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GALADIMA, J.C.A.

This is an appeal by the 1st accused person against the ruling of Alabi J. dated 10th of May, 2000 wherein the learned Judge refused the application for bail dated the 16th of December, 1999.

I will summarise the facts leading to this application. On the 3rd of February, 1996, one Alex Ibru was shot by gunmen at the Falomo flyover in Lagos. He however survived the attack. The appellant and four other persons were accused and subsequently charged for offences including conspiracy to murder and attempted murder in the information filed by the State and dated the 26th of January, 2000

Meanwhile, the appellant and the four accused persons have been arraigned before Alabi J. Evidence of 1st prosecution has been taken at the trial.

On the 16th of December, 1991, the appellant brought a summons for bail which was supported by a 30-paragraph affidavit and 7 exhibits. The respondent in opposition to bail deposed to a counter-affidavit and further counter-affidavit dated 17th December, 1999 and 21st December, 1999 respectively.

On the 7th of March, 2000, arguments on the application was taken and ruling was delivered on the 10th of May, 2000. The learned trial Judge refused the application for bail and accordingly dismissed it.

Being dissatisfied with the said ruling, the appellant has further appealed to this court on five grounds.

Four issues formulated by the appellant for the determination of this court are as follows:

Issue 1

“Whether the conclusion reached by the learned trial Judge (in refusing the appellant bail, that the appellant will interfere with prosecution witnesses and avoid his trial are backed by evidence.

Issue 2

Whether there are exceptional circumstances arising from the counter-affidavit and further affidavit of the respondent to warrant a denial of bail to the appellant by the trial Judge having regard to the clear provisions of sections 86, 87 and 88 of the Evidence Act.

Issue 3

Whether there are sufficient materials placed before the learned trial Judge upon which he would have exercised his discretion and grant the bail sought.