FELICIA AHUKANNA v. THE STATE (2017)

In The Court of Appeal of Nigeria

On Monday, the 3rd day of July, 2017

CA/OW/71c/2017

Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

FELICIA AHUKANNA Appellant(s)

AND

THE STATE Respondent(s)

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TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal of the appellant against the decision of the Abia State High Court sitting at Umuahia delivered on 9/2/2017.On 14/12/2016 the appellant filed a motion on notice at the lower Court praying for an order of Court and granting her bail.
The learned trial Judge after hearing the parties on the application gave a ruling and struck out the application. His lordship held inter alia thus:-
Upon perusal of the motion paper, affidavit and further affidavit of Applicant, as well as the counter affidavit of Respondent, the exhibits annexed, inclusive of the ruling of Honourable Justice E.O. Enwereji presiding over the High Court of Justice Omoba, dated 8th February, 2016, one thing stands clear and that is, that to his application is the same as the one brought before Hon. Justice Enwereji in respect of which he gave his ruling on the 8th day of February, 2016 which is Exhibit C before this Court.
It is settled law that a Court cannot over rule or vary the decision of another Court of co-ordinate jurisdiction. It is my opinion that the Honourable Justice E.O. Enwereji gave a considered ruling on Applicant’s application for bail based on the same ground of ill health, at the end of which the application was refused and dismissed.
It is my opinion that if I should consider the application before me which is to admit the Applicant to bail, it will be tantamount to sitting on appeal over the Ruling of the High Court Omoba presided over by Hon. Justice E. O. Enwereji. See the case of NWOGU v. AJOKU (2001) 14 NWLR (Pt. 541) ratio where the Court stated inter alia.
Thus in the absence of statutory authority, a Court has no power to set aside or vary the other of another Court of co-ordinate or concurrent jurisdiction. No Court can therefore sit on appeal over decision of Courts of co-ordinate jurisdiction.
Continuing in the said case of NWOGU v. AJOKU supra the Court stated:
In the realms of jurisprudence and having regard to the nature of our judicial set up, it is heretical for a judge to purport to sit on appeal and hiding under one subterfuge, or the other to squash the decision of another exercising no less of equal powers and authority.
See also the case of IGWE v. KALU (2002) 14 NWLR (Pt. 787) 436 at 453-454 where the Supreme Court stated that Courts of record have the inherent jurisdiction to set aside their judgment/decision/order on the following circumstances.
(1) when the judgment is obtained by fraud or deceit of one or more of the parties.
(2) the judgment is a nullity
(3) the Court was misled into giving judgment under a mistaken belief that the parties consented to it.
(4) judgment was given in the absence of jurisdiction.
(5) the proceeding adopted was such as to deprive the decision of judgment of the character of legitimate adjudication.
(6) where there is fundamental irregularity.
It is obvious that none of the above listed conditions exists in the ruling on the previous application of the Applicant before the High Court Omoba.
In the absence of these conditions and in view of the authorities cited above, I decline to entertain this application as it will in my opinion be tantamount to this Court sitting on appeal over the ruling of a Court of co-ordinate jurisdiction.
In view of all the foregoing, this application is therefore struck out.
Miffed by the decision, the appellant appealed via her Notice of Appeal filed on 20/2/2017 challenging the decision on two grounds as follows:-
GROUND ONE
The learned trial Judge erred in law when he held that, if I should consider the application before me which is to admit the Applicant to bail, it will be tantamount to sitting on appeal over the ruling of the High Court Omoba presided over by Hon. Justice E.O. Enwereji.

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PARTICULARS OF ERROR
Exhibit A which is a Medical Report on the Applicant/Appellant’s health condition was issued by Dr. Onwuchekwa Ifeoma (D.C.P.), a Psychiatric Doctor in charge of the Psychiatric Services at the Nigerian Prisons Service, Aba on the 8th day of December, 2016.
The Medical Report on the health condition of the Applicant/Appellant used before Hon. Justice E. O. Enwereji evidenced by Exhibit C was issued by Abia State (Hospital) Management Board. The two Medical Reports are not the same. The Medical Report issued by Dr. Onwuchekwa Ifeoma (D.C.P) showed that the health condition of the applicant/Appellant had deteriorated and was going out of the control of the said Psychiatric Doctor who has been taking care of the Applicant/Appellant since her remand in Nigerian prisons, Umuahia.
The Nigerian Prisons where the Applicant/Appellant is detained has no resident doctor at all.
GROUND TWO
The learned trial Judge erred in law when he struck out the Applicant’s Application for bail holding that the Application for bail was the same as the one brought before Hon. Justice Enwereji in respect of which he gave his ruling on the 8th day of February, 2016 which is exhibit C before this Court.
PARTICULARS OF ERROR
There is abundant evidence in the affidavit of urgency and further affidavit of urgency filed by the Applicant/Appellant that the nature of the ill health of the Applicant/Appellant when the Applicant/Appellant applied for bail before Hon. Justice E.O. Enwereji evidenced by exhibit C has changed, deteriorated from what it used to be. This makes the two Applications different. The facts are not the same.
Exhibit C was to show that bail had been previously denied the Applicant/Appellant in the Court presided over by Hon. Justice E.O. Enwereji who was the then trial judge. The inclusion of Exhibit C in the Applicant/Appellant’s Application for bail was not meant as an appeal against it.
Although the ill health of the Applicant/Appellant was on hypertension as in the application evidenced by Exhibit C, the present health condition of the Applicant/Appellant has recently become complicated with cardiomyopathy and has further deteriorated her health condition according to Dr. Onwuchekwa Ifeoma (D.C.P) in Exhibit A and are clearly different set of facts not canvassed in the Application for bail refused in exhibit C.
The two applications are not the same and as such the refusal of the Court below to consider the Application for bail of the Applicant/Appellant occasioned a miscarriage of justice against the Applicant/Appellant whose life is now in serious danger.
The record of this appeal was transmitted to this Court on 9/3/2017.
Subsequently, C. U. Onyekwere learned counsel for the appellant filed appellant’s brief of argument on 6/4/2017. The Respondent despite having been served with necessary processes failed to file Respondent’s brief of argument.
This appeal will therefore be determined based on the appellant’s brief alone.
Learned appellants counsel formulated two issues for determination in his brief of argument.
The two issues are:-
1) WHETHER THE COURT BELOW WAS NOT IN ERROR OF LAW WHEN IT REFUSED TO CONSIDER THE APPLICATION FOR BAIL OF THE APPELLANT.
2) WHETHER THE APPELLANT WAS NOT ENTITLED TO BAIL IN VIEW OF HER PRESENT DETERIORATING CONDITION OF HEALTH.
SUBMISSIONS ON ISSUES AND RESOLUTION
Even though learned appellants counsel formulated two issues for determination he argued the two issues together.
He submitted that the learned trial Judge erred when he failed to consider the application for bail of the appellant which was before him in his ruling on the 9/2/2016 (sic). He argued that an application

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for bail though discretionary must be considered. Such application he posited being discretionary must be determined judicially and judiciously. He cited NITEL v MAYAKI (2006) 3 FWLR (PT 326) at 4250.
He contended further that the medical report produced before the lower Court was different from the one earlier considered in the previous application. He submitted that the learned trial Judge failed to consider the newly arisen health issue of the appellant as the health condition of the appellant was deteriorating. He cited CHIEF ANTHONY EMEKA ANI v THE STATE (2001) FWLR 1715 at 1719/1720. He stated further that the medical report in the earlier application was issued by Abia State (Hospital) Management Board while the one before the lower Court was issued by the Prisons Doctor.
He argued further that estoppel did not apply to motions for bail so long as new issue or fact arose.
He urged the Court to allow the appeal, set aside the decision of the Court below and grant the appellant bail.
I have deeply considered the arguments of learned counsel for the appellant and the contents of the record of appeal.
To my mind, the pertinent issue in this appeal is whether or not the appellant was entitled to be granted bail by the lower Court in the face of the processes filed by her.
The law is settled on guiding principles in the grant of bail in non-capital offences. In DOKUBO-ASARI v FRN (2007) 12 NWLR (PT. 1048) 320, Tobi J.S.C. explained the principles thus:
The general criteria for granting bail at the trial Court are as follows:
(a) The availability of the accused to stand trial.
(b) The nature and gravity of the offence.
(c) The likelihood of the accused committing offence while on bail.
(d) The criminal antecedents of the accused.
(e) The likelihood of the accused interfering with the cause of justice.
(f) Interference with investigation.
Tanko Muhammad J.S.C. in his own contribution had this to say:
The trite position of the law is that in exercising the jurisdiction given to him by the law in the grant or refusal of bail the trial Judge is bound to consider the weight of facts pleaded to in an affidavit evidence placed before him. Other considerations enumerated earlier such as the strength of the evidence which supports the charge the gravity of the punishment in the event of conviction, the likelihood of the accused interfering with the proposed witness or may suppress any evidence that may incriminate him, the likelihood of further charge being brought against him and the probability of guilt are weighty issues in his case that the trial Court cannot gloss over. See also SULEMAN v. C. O. P. PLATEAU STATE (2008) 8 NWLR (PT 1089) 298.
Bail can be granted to an accused on medical grounds on the conditions explained by Supreme Court in ABACHA v THE STATE (2002) 5 NWLR (PT 761) 638.
Ayoola JSC explained the condition as follows:
The special medical need of an accused person whose proven state of health needs special medical attention which the authorities may not be able to provide is a factor that may be put before the Court for consideration in the exercise of discretion to grant bail to the accused person. Such need is not brought before the Court by mere assertion of the accused or his counsel but on satisfactory and convincing evidence.
His lordship said further:
Were it the law that an accused person remanded in custody to await trial is entitled to be granted bail pursuant to a right to have access to a medical practitioner or

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medical facility of his choice, hardly would any accused person remain in custody to await trial. There is no general principle of law affording that right to an accused person remanded in custody. The duty of the State to ensure that the medical needs of persons in custody are met does not create such extravagant right as claimed that a person in custody is entitled to be treated by a doctor of his own choice.
I shall view this appeal in the above light.
At the lower Court, the Appellant filed an application supported by 15 paragraph affidavit and a 5 paragraph further affidavit of urgency.
Paragraphs 2-14 of the affidavit of urgency sworn to by the Appellant are very pertinent.
They read thus:
2. That on 1/7/2014 we, Mrs. Felicia Ahukanna, Mrs. Ogechi Ogbonna and our other relations were in our residence as tenants in the house of one Mr. Everest Ugbo in Okporoama Umugwo in Mbutu in Isiala Ngwa South Local Government Area of Abia State. I, Mrs. Felicia Ahukanna was in the kitchen cooking with my daughter-in-law Mrs. Ogechi Ogbonna, Chidinma Ukpai and Peace Eze whom the High Court sitting at Omoba on the 19th day of January, 2016 discharged when we heard some noise outside the building we resided, especially, the voice of our neighbour Mrs. Favour Nwokeukwu who lived in another building in that compound. That Peace Eze went outside from our kitchen to find out what was happening. Shortly afterwards we started hearing her own voice, so I, Mrs. Felicia Ahukanna went out from our said kitchen to know what was happening. On getting outside I saw one Eze Moses alias Eze Umuacha and his gang of Onwumelu John Ugochukwu, Paskido and Thomas Ekwenye, Chiemela Nwaruocha and Macaulay Ogbonna and two other men arguing with our said neighbour Mrs. Favour Nwaokeukwu who was saying that two of the men with the said Eze Moses called Jazzman and another she did not recognize rode their motor cycle into our compound with two baby girls. She said further that Jazzman was riding the motor cycle while her man was carrying the two babies whom they dropped in the compound and rode.
The same Jazzman later returned with Eze Moses and their other men and now forcing Mrs. Favour Nwaokeukwu to sit on the ground and carry the babies which she was sitting to do.

3. That I, Mrs. Felicia Ahukanna upon coming outside demanded to know what was happening when Eze Moses asked me whether I had recognized him. I said yes that, you are the man who came with your men to my ex-husband Nze Alwell Ohiagu Nwatu’s house at Obikabia in Okpuala Ngwa and collected N200,000.00 to kill one of his sons called Mr. Chiemela Ohiagu Nwatu alias Chiboy for taking over by force his father’s Petrol Filling Station at Obikabia junction which you did and for which my said ex-husband was detained at Police Headquarters, Umuahia and later charged to the High Court for kidnapping and murder of his said son. After hearing me, Eze Moses said ok, that the people that had gathered should be quite and hear him. He told the people that I am a bad woman who confiscated my ex-husband’s lands and his lands title documents and I was building two story buildings. He told the people to still be quiet and listen to his phone conversation with one Mr. Chukwuma Ohiagu Nwatu (now late) to confirm what he told them. He made a phone call and said I am dealing with them, it is remaining two of her sons. Mr. Chukwuma Ohiagu Nwatu was one of the sons of my ex-husband from his first wife called Mrs. Jersey Ohiagu Nwatu.
4. That after the phone call, Eze Moses asked me, Mrs. Felicia Ahukanna where my Mercedes Benz cars and two sons were and I answered him that I did not know where they are. He slapped me and ordered his gang of Onwumelu John Ugochukwu, Paskido, Thomas Ekwenye, Chiemela Nwaruocha and Macaulay Ogbonna the other two men to beat me up and my family members who had joined me and in the process they broke one of my ribs and killed the daughter of Mrs. Ogechi Ogbonna named Miss. Nwabure Ogbonna. They entered into our house and carted away all our household properties, academic certificates, cloth boxes, hand bags, cash amounting to over N500,000.00, jewelries, shoes, enlargement photographs, in fact everything.
5. That when these were happening, my daughter called Miss Peace Ogbonna who is a 100 level student of Abia State University, Uturu Okigwe (now charged as the 4th accused) was returning home through her elder sister’s house and conveyed by a motor cyclist called Uchenna Isaac. Ezez Moses on recognizing her as she was called me mama mama, ordered Onwumelu John Ugochukwu, Paskido,

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Thomas Ekwenye, Chiemela Nwaruocha and Macualay Ogbonna and the other two men to seize her which they did and took away her traveling bag containing N60,000.00, her phones, books and other valuables and sat her down on the ground. Eze Moses took one of the twin babies and placed same on miss. Peace Ogbonna my daughter. The motor cyclist that conveyed her to our residence called Mr. Uchenna Isaac intervened on her behalf but was also beaten up and given a matchet cut on his forehead when he tried to protect her.
6. That at a time Eze Moses, Onwumela John Ugochukwu, Paskido, Thomas Ekwenye, Chiemela Nwaruocha and Macaulay Ogbonna and the other two men ordered us to match to the back of our residence to kill us when the traditional ruler of that area called H. R. H. Eze P. N. Okpanku who was driving past that place stopped and demanded that Eze Moses, Onwumelu John Ugochukwu, Paskido, Thomas Ekwenye, Chiemela Nwaruocha and Macaulay Ogbonna and the other two men bring us to his palace but they refused and abused the said traditional ruler and threatened physically assaulting him which made him leave that place in anger, but threatened them that if they 
killed us he would not hesitate to say what he saw. A police patrol came from Owerrinta was attracted to the scene. The police after hearing me, and seeing that they were all bleeding blood from various parts of our bodies asked Eze Moses and his men to surrender us to them but they refused and fighting ensued between them and the police and the policemen sustained injuries and one had a matchet cut, so the police withdrew and called in Naval men at Owerrinta and men of the Civil Defence at Isiala Ngwa North who came and Naval men were continuously firing gun shots in the air which made Eze Moses, Onwumelu John Ugochukwu and the others run away including Mrs. Ogechi Ogbonna who carried her dead daughter at her back and Mrs. Peace Eze while I, my daughter Peace Ogbonna, Chidinma Ukpai and Uchenna Isaac stood our ground and the Naval men upon arrival briefly heard from me and my said daughter and took the four (4) of us, to their base at Owerrinta on that 1/7/2014.
7. That when the Naval men arrived and my daughter Miss. Peace Ogbonna companied of our injuries and properties being held by Eze Moses and the others. The next day which was 2/7/2014, the father 
of the deceased infant named Mr. Solace Ogbonna and his friend Mr. Augustine Chinonyerem who live at Okpuala Ngwa heard what happened to us and they came riding on a ladies motor cycle to our residence in Mbutu when Eze Moses and the others attacked them from ambush giving them deep matchet cuts on their foreheads and robbing them of the said ladies motor cycle before the Naval also intervened and rescued them and brought them to their base at the said Owerrinta where we met them and saw the very deep cuts they both sustained from this Eze Moses, Onwumelu John Ugochukwu and their co-hurts, it was a miracle they survived the matchet cuts. This Eze Moses is a known hired killer. In the year 2012 he and his men were arrested in Akpaa Amaiyi as they were kidnapping a teenager. He was taken to Abuja and it was rumoured that the police had killed him but he later resurfaced.
8. That on the next day following the intervention of my counsel, C. U Onyekwere, Esq., the Navy on the said 2/7/2014, also released us the police at Owerrinta from where we were taken to the States C.I.D. Umuahia with Mr. Solace Ogbonna and his friend Mr. Augustine 
Chinonyerem. It was at Umuahia that we saw for the first time in our lives the man they called Lucky Ohakwe; now charged as 1st accused in this case.
9. That if granted bail, I will not commit any offence and shall attend Court religiously to stand my trial until this case is disposed of, just as I came from house to take my plea having been granted bail by the High Court suiting at Omoba in this same case before the Director of Public prosecutions, Umuahia filed Information Charge No. HOM/7C/2014: wit: Conspiracy and Armed Robbery wherein I was charged as the 4th accused and after one year the Director of Public Prosecutions, Umuahia filed the present Substitute information in Charge No: HOM/7C/2015 alleging kidnapping under Abia State Laws and Trafficking in persons and charged me as the 3rd accused. Offences completely different from Conspiracy and Armed Robbery; yet it was held not to be in abuse at Omoba notwithstanding that the two charges were simultaneously lying side by side.
10. have been a patient of hypertension, cardiac failure and cardiac asthma for more than Years now. The 
Prisons authorities do not have the tools and medication to properly grant to my health which has now deteriorated so much that I now fear for my life. I was granted bail by the Omoba Judicial Division of Abia State High Court in December, 2014 when the Magistrate Court remanded me in respect of the facts of this case now charged before the Honourable High Court sitting at Omoba on ground of non

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filing of Information. When Information was filed, I came to Court voluntarily on 19/1/2016 to take my plea and thereafter, I was remanded and have been in custody till now. The Prisons doctor who has been taking care of me has also issued a medical report on my condition.
11. That I had applied for bail on ground of ill-health but the Court refused granting me bail and wanted to hear the evidence first. The Court took PW1 and adjourned to take PW2 but before the said adjournment date, the presiding Judge was transferred. A new Judge was posted to that Court and before plea was taken, the new Judge conducted what he called A preliminary Inquiry and held strong views on the case so we applied or transfer which the trial Court refused and we further applied for transfer of this case to the Honourable Chief Judge. While waiting for the result of our application for transfer, the health the Applicant has deteriorated so much as evidenced by the Prisons doctor’s medical report necessitating the present application for bail. As already stated, the present charge is brought after one year of my being charged with Conspiracy and Armed Robbery. That charge of Conspiracy and Armed Robbery were preferred after the Director of Public prosecutions duly vetted the case file from the police. Those charges are now abandoned; it is no longer Conspiracy and Armed Robbery, it is now kidnapping and trafficking in persons after one whole year that I am now facing trial.
12. That this charge is brought in bad faith to keep me in Prison Custody not that there is any credible evidence of any wrong doing against me just as my relation Peace Eze, I and my family were with on that 1/7/2014 has now been discharged of the same allegations.
13. That I have substantial sureties to take me on bail.
14. That marked as Exhibit A is the prisons doctor Medical Report of my present health 
condition. Exhibit B is the full testimony of PW1, Exhibit C is the ruling refusing me bail at Omoba notwithstanding that I came to take my plea voluntarily from my home. Exhibit D is the proceedings discharging Peace Eze even though we have been accused of the same allegations. Exhibit E is my Statement at the Police.
The Appellant sought for bail on ground of ill health. She exhibited a medical report issued by Dr. Onwuchekwa Ifeoma (DCP) of Nigerian Prisons Service dated 8/12/16.
The report reads as follows:-
NIGERIA PRISONS SERVICE
P.M.B.7020
ABA ABIA STATE
(MEDICAL DEPARTMENT)
Your Ref:- ———————
Our Ref:-  Date:————
8th December, 2016
ABSU/UP/84/VOL. 111/610
To whom it may concern
RE: AHUKANNA FELICIA
MEDICAL REPORT OF:

I write to inform you that this inmate remanded in our prison in January, 2016 has long standing hypertension which has recently become complicated with cardiomyopathy and has further deteriorated her health condition.
Thank you.
Dr. Onwuchekwa
Ifeoma (DCP)
1/c Medical Psychiatric Services
Abia State Prisons Command
Now, that an accused person remanded in custody is sick does not ipso facto automatically entitle him to bail. The fact of his sickness entitles him to provision of medical service by the government in whose custody he is detained. For the sickness of the accused to justify the grant of bail to the accused, it must be such a sickness that cannot be taken care of by the government in the circumstances of the case. The accused in that circumstance must produce medical report stating the kind of sickness afflicting the accused and the fact that the prison authorities and the government are incapable of taking care of him while in custody.

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An accused does not have the right to be treated by the medical doctor of his choice. See ABACHA v THE STATE (supra).
The Appellant in this appeal has shown that:
1. She is an accused in HOM/7c/2015 and that she is facing a charge of kidnapping under Abia State Law and Trafficking in persons In which case she is not arraigned before the Court over a capital offence. See paragraph 9 of Appellants affidavit.
2. She has long standing hypertension which has recently became complicated with cardiomyopathy and has further deteriorated her health condition see Exhibit A attached to her affidavit.
3. The medical report did not state that she cannot be treated by the prison authorities as required by law. See AMADIKWA v THE STATE (2015) LPELR-24569 (CA).
The Appellant has therefore not shown why she should be taken out of the prisons for a treatment that is available in the prisons. The key pillar on which her application should rest is the medical report which should be explicit enough to justify the grant of the discretion in her favour. Even though the appeal of the Appellant is being determined on her brief alone, it is evident that even on her brief alone, the appeal lacks merit.
The decision of the lower Court disallowing the application for bail is right. If the conclusion reached by the Court below is correct, the correctness or other wise of the reasons given for the right conclusion is immaterial. See UKEJIANYA v UCHENDU 13 WACA 45 at 46; LEBILE v THE REGISTERED TRUSTEES OF C & S CHURCH OF ZION OF NIGERIA & ORS (2005) 13 NSCQR 19 at 32. 
I therefore affirm the decision of Abia State High Court in Suit No. HU/241CM/2016 FELICIA AHUKANNA v STATE delivered on 9/2/2017 dismissing the application for bail of the appellant.
(i) I however direct the accelerated hearing of Suit No. HU/241CM/2016 AHUKANNA v STATE by the lower Court.
Charge No. HOM/1C/2015
THE STATE vs ONWUMELU JOHN UGOCHUKWU & 3 ORS.
(ii) The lower Court is to give each of the prosecution and defence specific timelines within which to conclude their respective cases and to enforce same.
(iii) The Hon. Attorney General and Commissioner for Justice of Abia State is to ensure the provision of adequate medical facilities for the treatment of the appellant.
(iv) Copies of this judgment are to be served on the learned trial Judge and the Hon. Attorney General of Abia State for compliance.
This appeal lacks merit. It is accordingly dismissed.
MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I have had the advantage of a preview of the lead judgment just delivered by my learned brother, Hon. Justice Tunde Oyebanji Awotoye, JCA. I found myself in complete agreement with the detailed, lucid and meticulous reasons, inclusive of the resonating conclusion contained thereon. Indeed, I have nothing gainful/useful to add thereto. Thus, I too adjudge the appeal to have lacked merit and it is accordingly dismissed. I also endorse the directives/orders made in the said lead judgment of my learned brother. Awotoye, JCA.
ITA GEORGE MBABA, J.C.A.: I had the privilege of reading in draft, the lead Judgment of my learned brother, T.O. Awotoye JCA, dismissing this appeal. I agree, completely, with his sound reasoning and conclusions, that the appeal should be dismissed.
Given the premise on which Appellant fought against the decision of the lower Court, as expressed in the 1st and 2nd grounds of the Appeal, and the issue 1, Appellant had faulted the decision of the trial Court, which refused the bail application; that granting the same would amount to sitting on appeal over the earlier decision of the Hon. Justice E. O. Enwereji, made on 8/2/16, refusing the same application, on the same grounds.
The trial Court had said:
“It is settled law that

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a Court cannot overrule or vary the decision of another Court of co-ordinate jurisdiction. It is my opinion that the Honourable Justice E.O. Enwereji gave a considered ruling on Applicant’s application for bail, based on the same ground of ill health, at the end of which the application was refused and dismissed.
It is my opinion that if I should consider the application before me, which is to admit the Applicant to bail, it will tantamount to sitting on appeal over the ruling of the High Court Omoba presided over by Hon. Justice E.O. Enwereji. See the case of Nwogu vs. Ajoku (2001) 14 NWLR (pt.541)

I think the learned trial Judge of the Court below was right, in view of the Supreme Court case of Igwe v. Kalu(2002) 14 NWLR (pt.787) 436 at 453  456, which provides the possible exceptions upon which such decision of a co-ordinated Court could be set aside, as those exception were not available or establish in the case on appeal. See also Ugba & Anor. v. Suswan & Ors. (2014) LPELR-22882 (sc); Kayode & Anor. v. Abdulfatai & Ors (2012) LPELR-7874(CA).
I too dismiss the appeal and abide by the consequential orders in the lead judgment.

Appearances

Served but absent. For Appellant

AND

Served but absent. For Respondent.

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