WHEN THE COURT OF APPEAL WILL EXERCISE ITS POWER TO GRANT BAIL PENDING APPEAL

CASE TITLE: ABUBAKAR v. FRN (2021) LPELR-55799(CA)

JUDGMENT DATE: 2ND JULY, 2021

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE (BAIL)

LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This is a Ruling on an Application for Bail Pending Appeal.

FACTS

The Appellant/Applicant was arraigned before the High Court of the Federal Capital Territory, Abuja on a three-count charge of issuing dud cheques contrary to Section 1(1)(b)(ii) of the Dishonoured Cheques (Offences) Act, CAP DII, Laws of the Federation, 2007. On 2nd October, 2020, the Applicant was discharged and acquitted on the 2nd & 3rd counts but convicted and sentenced to two years imprisonment on the 1st count. Dissatisfied with the decision of the trial Court, the Applicant filed an appeal in the Court of Appeal.

By a motion on notice brought pursuant to Section 28(1) of the Court of Appeal Act, CAP C36, Laws of the Federation of Nigeria, 2004, the Appellant/Applicant sought for an order of the Court of Appeal admitting him to bail pending the determination of his appeal. The application is predicated on 8 grounds among which is that the applicant is suffering from kidney disease known as Nephritis and that the authority of the Correctional Service lacks adequate medical facility to take care of the Applicant’s medical challenge.

ISSUES FOR DETERMINATION

The Court determined the merit of the Application.

DECISION/HELD

In the final analysis, the Court of Appeal found that the Application had merit and the bail application pending Appeal was accordingly granted.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – BAIL: Power of Court of Appeal to grant bail pending appeal; whether there is presumption of innocence in favor of an applicant for bail pending appeal
  • CRIMINAL LAW AND PROCEDURE – BAIL: Duty of an applicant for bail pending appeal to show exceptional reasons why bail ought to be granted
  • CRIMINAL LAW AND PROCEDURE – BAIL: Factors to be considered in granting bail pending appeal
  • CRIMINAL LAW AND PROCEDURE – CRIMINAL JUSTICE SYSTEM: Position of the law on remission of prison term for good conduct under the Nigeria Prison Service Standing Orders (Revised Edition), 2011