Power Of the Court of Appeal to Grant an Application for Bail Pending Appeal

CASE TITLE: UCHENNA v. IGP (2023) LPELR-61058 (CA)
JUDGMENT DATE: 7TH JULY, 2023
PRACTICE AREA: POWER OF COURT
LEAD JUDGMENT: DANLAMI ZAMA SENCHI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This is a ruling on an application for bail pending appeal.

FACTS:

The Applicant was charged and convicted of the offenses of forgery, using genuine forged documents, giving false information regarding the commission of crime that he knew was false, and giving false information to a public officer with intent to cause harm at the High Court of the Federal Capital Territory, Abuja.

Dissatisfied, the Applicant immediately lodged an appeal against his conviction to the Court of Appeal.

The Appellant/Applicant filed the instant application, that is, a motion on notice brought pursuant to Section 36 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 165 of the Administration of Criminal Justice Act, 2015, Section 28 of the Court of Appeal Act, Cap C 35 LFN, 2004, Order 8 and 17, or the Court of Appeal Rules, 2021 and under the inherent jurisdiction of the Court of Appeal, praying for the following orders:

(1) An Order of the Honourable Court admitting the Applicant to bail on liberal terms pending the hearing and determination of his appeal
(2) Any other order(s) that this Honourable Court may deem fit to make in the circumstances of this case.

In further support of the Applicant’s application was an affidavit of eleven (11) paragraphs. Attached to the affidavit in support of the application were three exhibits marked as Exhibits A, B, and C, respectively.

The Applicant filed a further and better affidavit of twelve (12) paragraphs. Attached to the further and better affidavit was a letter from the Nigerian Correctional Service dated April 25, 2023, as Exhibit D.

The learned counsel to the Applicant filed a written address on February 8, 2023, and another written address in support of the further and better affidavit on April 26, 2023.

The Respondent was duly served with the motion on notice of the Applicant including all other processes. However, the Respondent failed, neglected, or refused to file any counter affidavit in opposition to the facts contained in the affidavit and further and better affidavit of the Applicant.

Dissatisfied with the decision, the Appellant lodged this appeal.

ISSUE(S) FOR DETERMINATION:
The Court determined the application on the Applicant’s sole issue for determination, thus:

“Whether the Applicant is entitled to bail pending appeal in the given circumstances.”

DECISION/HELD:
The application was held to have merit and the Applicant was admitted to bail pending appeal.

RATIOS:
• CRIMINAL LAW AND PROCEDURE – BAIL – Whether there is presumption of innocence in favor of an applicant for bail pending appeal
• CRIMINAL LAW AND PROCEDURE – BAIL – Principle(s) the court will consider in granting an application for bail pending appeal
• CRIMINAL LAW AND PROCEDURE – BAIL – Attitude of Court to ill health as a ground for an application for bail pending appeal
• CRIMINAL LAW AND PROCEDURE – BAIL – Power of the Court of Appeal to grant bail Pending Appeal
• EVIDENCE – AFFIDAVIT EVIDENCE – Effect of uncontroverted facts in an affidavit
• CRIMINAL LAW AND PROCEDURE—BAIL—Instance(s) when bail pending appeal will be granted

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