CASE TITLE: UDOITO V. STATE (2026) LPELR-84739(CA)
JUDGMENT DATE: 15TH JULY, 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: UCHECHUKWU ONYEMENAM, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the exercise of the discretion of court in the grant of bail.
FACTS:
This is an interlocutory appeal against the ruling of the High Court of Akwa Ibom State, sitting at Uyo.
In 2025, the Appellant allegedly made and published on Facebook several false and defamatory statements and videos against the Governor of Akwa Ibom State, Pastor Umo Eno, invoking deities against his life and that of other indigenes of the State, in a manner capable of causing extreme fear, public alarm, annoyance, and disturbance, and threatening internal security in Akwa Ibom State. Consequently, the Appellant was charged before the High Court of Akwa Ibom State on a five-count charge of conspiracy to commit defamation, publication of defamatory matter with intent to intimidate, constituting a nuisance, and seditious publication.
Upon arraignment, the Appellant brought an application praying for an order admitting her to bail pending trial. The Respondent opposed the application. The Appellant pleaded not guilty to the five counts and moved the bail application. The learned trial Judge then delivered its ruling, refused the bail application, and ordered an accelerated hearing.
The Appellant, dissatisfied with the ruling, filed this appeal at the Court of Appeal.
ISSUES FOR DETERMINATION:
The Court of Appeal determined the appeal by resolving the sole issue for determination, thus;
“Whether the lower Court erred in law when it failed to consider and evaluate the contents of the affidavits for and against the application for bail and proceeded to refuse the bail without giving any reason which occasioned a miscarriage of justice.”
DECISION/HELD:
The appeal was dismissed.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- BAIL: What an applicant seeking bail on grounds of ill-health must show
- CRIMINAL LAW AND PROCEDURE- BAIL: Whether the grant of bail to an accused person is a discretionary matter of the Court; how the same is exercised
- CRIMINAL LAW AND PROCEDURE- BAIL: What the Court should consider in an application for bail
- CRIMINAL LAW AND PROCEDURE- BAIL: Principles governing the exercise of discretion of court to grant/refuse an application for bail; instance where a court will be held to have rightly refused to grant a bail application
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