Mohammed Abubakar V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE O. AWOTOYE, J.C.A. (Delivering the Lead Ruling)

This is the ruling on the motion on notice filed by the appellant/applicant praying for

1. An order admitting the appellant/applicant to bail pending the determination of his appeal to the Court of Appeal Sokoto Division.
2. And for such further order as this honourable court may deem fit to make in the circumstances.

The grounds of the application are:

i. The appellant/applicant was convicted by the High Court of Kebbi State sitting at Argungu for the offence of having carnal intercourse against the order of nature punishable under section 284 of the penal code and sentenced to a term of two years imprisonment and N10,000.00 fine.

ii. The appellant/applicant is a first offender and is aggrieved by the decision of the said court.

iii. The appellant/applicant has appealed the decision of the court below and applied to it for bail pending the hearing and determination of his appeal to the Court of Appeal Sokoto Division.

iv. The Court below has in its ruling delivered on 2/5/2013 refused the appellant/applicant’s application for bail.

v. The appellant/applicant is likely to spend a considerable part of the sentence imposed on him if bail is not granted.

vi. Interest of justice.

The application is supported by 13 paragraph affidavit to which a copy of the Notice of Appeal dated 14-3-2013 is attached. The applicant further filed a further and better affidavit in support of his application and exhibited a copy of the judgment in case No.KB/AR/HC/3C/2010

The State V Mohammed Abubakar and a copy of the ruling of the court below refusing him bail.

Paragraph 5, 8 and 9 of the supporting affidavit to the motion is very pertinent, they read;

1. That being dissatisfied with the said conviction and sentence I caused my counsel to file an appeal against the said decision to the Court of Appeal Sokoto Division. A copy of the Notice and grounds of appeal shown to me by my counsel is attached here and marked as Exhibit B.
2. That there is nothing that could possibly compensate me for a stay in prison for such a period as well for the loss of my family in the event my appeal succeeds.
3. That I was previously admitted to bail by the trial Court I was on bail pending trial and did abide by all the conditions of bail set, particularly attending regularly to stand my trial and being of good conduct.

The respondent filed 4 paragraph counter-affidavit to oppose the appellant/applicants application, paragraph 3 of the counter-affidavit which is most instructive reads thus;

That save and except where otherwise expressly stated all facts depose to in this affidavit are facts make known to me by S. M Kibo of counsel handling this matter at his office in Argungu on 23rd day of May, 2013 at 2:30pm in the forenoon and I verily believed the facts to be true and correct as follows: