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Mochi vs. State

LAWSON MOCHI

V

THE STATE

COURT OF APPEAL

( BENIN DIVISION )

RABIU DANLAMI MUHAMMAD, JCA ( Presided )

MUHAMMAD S. MUNTAKA - COOMASSIE, JCA

KUMAI BAYANG AKAAHS, JCA (Read the Lead Judgment)

 CA/B/130/2002

WEDNESDAY 6TH NOVEMBER, 2002

APPEAL - Issue for determination - Failure of appellant to advance argument thereon - Effect

APPEAL - Issue for determination - Need for to be relevant to ground of appeal

APPEAL - Trial court - Exercise of discretion by trial court - When appellate court may interfere therewith

COURT - Trial court - Exercise of discretion thereby - When appellate court may interfere therewith

CRIMINAL LAW AND PROCEDURE - Bail - Issue of bail - Discretionary nature of - Need for to be exercised judicially and judiciously

Issue:

Has the learned trial Judge exercised her discretion judiciously and judicially in this case?

Facts:

Appellant was the Chief Accountant of the Edo State Judiciary, High

Court of Justice, Benin City. He was arraigned before the Chief Magistrate Grade 1, Benin City on a two count charge of alteration and falsification of cheques and stealing the sum of ten million, four hundred thousand naira ( N10,400,000). He pleaded not guilty to the counts. The appellant then applied for bail which was refused by the trial magistrate. He subsequently applied to the High Court for bail pending trial of substantive charge before the Chief Magistrate’s Court. The High Court also refused to grant the appellant bail.

Aggrieved, appellant appealed to the Court of Appeal.