Uwem Essien Antia V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the decision of the High Court of Lagos State, Ikeja Judicial Division delivered on 18th day of November 2015 wherein the Appellants application for bail was refused and dismissed.

Dissatisfied with the Ruling the Appellant appealed to this Court by filing a Notice of Appeal dated and filed 1st December 2015 (pages 318-322) of the Record of Appeal). The Notice of Appeal contained five grounds and the grounds shone of their particulars are set out hereunder:-

GROUND 1

3.1. The learned trial Judge erred in law when he refused to grant the Appellant bail pending trial contrary to Sections 35(1) and 36(5) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

GROUND 2

3.2 The learned trial Judge erred in law when he held that the alledged offences with which the Appellant is being charged is of serious nature.

GROUND 3

3.3. The learned trial Judge erred in law when he held as follows:-

“Strangely, the applicant did not deny the existence of a syndicate group and that Regan Akaiso did

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not belong to any such group. The Applicant in paragraphs 12 (i)-(iii) of his 14 paragraph. Further Affidavit deposed to on 18th August, 2015 acknowledged the existence of Regan Akaiso and that he has filed an action against the Respondent in suit No. FHC/L/CS/856/2015 at the Federal High Court…. This is an admission against the interest of the Applicant.”

GROUND 4

3.4. The learned Trial Judge erred in law when he refused the Appellant bail on the ground that the Appellant may not come back to take his trial if he is granted bail.