Saddam Abba Musa V. Commissioner Of Police Kaduna State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Kaduna State High Court delivered on the 11th July, 2013 by M. K. Dabo J.

The Appellant was the Accused person at the lower Court while the Respondent was the Complainant.

The facts of the case leading to this Appeal are as follows:

The Appellant was taken before the Magistrate Court, Ibrahim Taiwo Road, Kaduna for cognisance via a Police First Information Report (FIR) dated 31st October, 2012 for offence of Culpable Homicide not punishable with death and other offences, punishable under Sections 221, 97 and 246 of the Penal Code Laws Cap 110 Laws of Kaduna State of Nigeria 1991. The F.I.R reads as follows:

“On 24/08/2012 at about 1700hrs, the above case was transferred from Kawo Division to the State CID Kaduna to the effect that on 21/8/2012 at about 2300hrs one Musa Abdullahi “M” of No. CK 12 Zango Road, T/Wada Kaduna reported at Kawo Police Station that on the same date at about 2200hrs, his Nephew one Musa Suleiman was attacked by the following suspects 1. Saddam Abba “M” 2. Mubarak Hassan “M” 3. Abdulmudalab Musa “M” 4. Hassan Mohammed “M” 5. Abdul Killer “M” at large 6. Gwanu “M” at large 7. Bahajo “M” at large 8. Zanki “M” at large all of Ungwan Dosa Kaduna. That the suspects without any cause matched his Nephew Mutari Suleiman as a result of which he bleeded to death and also inflicted injury on one Umar Moh’d Abdulrahman. Contrary to Sections 97, 246 and 221 of the Penal Code Law.”

The Appellant subsequent to his being taken to the said Court by motion on notice dated the 1st day of July, 2013 sought for an order of the lower Court to admit him to bail pending the trial and determination of the criminal charge against him. The application is supported by 11 paragraphs affidavit.

The lower Court in its ruling on the 11th day of July, 2013 refused the bail application and held as follows;

“… I have observed after perusing the motion on notice that it is not supported by a written address. It is very clear from Order 15 Rule 1 that where by these rules any application is authorized to be made to a judge, such application may be made by motion or summons which shall be supported by affidavit.

Order 15 Rule 1 (2) provides that every such application shall be accompanied by a written address in support of the relief sought.

Further more, Order 32 Rule 1 provides that the order shall apply to all applications and final address.

It is my humble view that this requirement in Order 15 Rule 1 and 1 (2) and Order 32 Rule 1 applies to both civil and criminal interlocutory applications.

The absence of a written address in support of the motion as required by these rules makes the application not initiated in accordance with the due process of the law. It is trite that the Court lack jurisdiction in all matters not initiated in accordance with due process of the law.

In the circumstances, the application is struck out.”