Loveday Ikpeazu V. Commissioner Of Police (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment)

The Appellant was arrested by the police on 5th October, 2013 on the allegation of murder of Mr. Ugochukwu Menths Ahamkonye. On 23-10-13 he was arraigned before the Magistrate Court of the Egbema Magisterial District on a charge of conspiracy and murder in charge no MEG/43C/2013. The magistrate declared that he had no jurisdiction to hear the case but remanded the Appellant in prison custody.

On 4-12-13, the Appellant filed a motion at the Imo State High Court Oguta seeking bail from his continued incarceration. The motion number is HOG/232C/2013. The motion was ? by a ruling delivered on 31st March 2014. The High Court refused bail but instead ordered that information be filed at the High Court formerly charging the applicant before a Court of competent jurisdiction. The Appellant filed this appeal against the ruling of the High Court. Up to this moment, there is nothing to show that the Appellant has been arraigned before any Court of competent jurisdiction.

Was the trial Court right in refusing bail when there is no pending charge

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against the Appellant? In considering applications for bail, a Court must consider;

(1) The nature of the charge.

(2) The strength of the evidence which supports the charge.

(3) The gravity of the offence in the event of conviction.

(4) The previous criminal record of the accused if any.

(5) The probability that the accused may not surrender himself for trial

(6) The likelihood of the accused interfering with witnesses or may suppress any evidence that may incriminate him

(7) The likelihood of further charge being brought against the accused and

(8) The necessity to procure medical or social report pending final disposal of the case. See Bamaiyi vs. The State (2001) 8 NWLR (Pt. 715) 270; Dokubo Asari vs. F.R.N. (2007) 12 NWLR (Pt. 1048) 320; Adamu Suleman & Anor vs. C.O.P. Plateau State (2008) 8 NWLR (Pt. 1089) 298.