What is an appeal?

To seek review from a lower court’s decision by a higher court – Black’s Law dictionary

A judicial examination by a higher court of the decision of a lower court – OKPONIPERE V STATE (2013).

It says the decision ought not to have been based on the evidence adduced by the parties

 

POINTS ON APPEAL

 Appeal is a continuation of the original action and not an inception of a new action. ODEDO V OGUEBEGO (2015).

Without an original action there can be no appeal.

 The appeal court focuses on the correctness of the decision of the lower court based on the provisions of the law and in line with the evidence adduced by the parties.

 

Purpose of an appeal

To rectify an alleged erroneous decision on facts, law, mixed law & fact and to reverse the decision of the lower court. See OREDOYIN V AROWOLO (1989).

 

Terminologies

Appellant – person who initiates the appeal.

QUERY: does it include the counsel representing the appellant? In terminology they are they same simpliciter however a counsel of the appellant cannot sign notice of appeal.

See Okarika v Samuel (2013) 7 NWLR

Respondent

QUERY: can the respondent in an appeal challenge the decision appealed against? Yes he can by way of cross-appeal.

 

Appellate court and trial of cases

An appellate court does not try cases, because it is not atrial court, it only considers record of proceedings of lower courts.

Appeal is not a retrial but a rehearing. The issue of arraignment doesn’t take place at the appeal stage, its not atrial court, there is also no swearing evidence. The court simply considers record of proceedings that are before it and makes a decision.

Evidence is rarely adduced before the court.

 

POWER TO APPEAL

The right of appeal is conferred by statute or constitution. ADILI V STATE (1989)

No inherent power to hear an appeal by the court. RABIU v STATE (1980)

 

Appealable decision

1. Final decision
2. Interlocutory decision

Decision on interlocutory can be appealed and the court can give judgement and would not be considered functus officio

See s.318(1) , 1999 constitution on the meaning of decision

 Can it include a no case submission? Yes decision on the court on no cases submission are appealable decisions

 See ONAGORUWA V STATE (1992); ABRU V STATE (2011)

 

Note that the procedure for filing interlocutory appeal is the same as that for final decision

Interlocutory appeals may be incorporated into the main appeal. OMBUGADU V C.P.C (2013) ; KEJAWA V STATE (2013). The appellate court frowns.

 You must seek the leave of court if the appeal is based on an interlocutory decision

 

DUTIES OF APPELLATE COURT

1. The court must determine whether an error was made in the lower court?
2. Whether the error was substantial?
3. If it was, did it occasion a miscarriage of justice

 

Who may appeal?

1. The prosecutor– Prosecutor will include agencies with prosecutorial powers
2. The defendant/ accused/ convict

see section 243(1)(a) 1999 const; s.67 & 68 MCL Lagos state 2009

It is only a party to a case that can appeal. AKINBIYI V ADELABU (1956) 1 FSC 45 – the judge was the victim, but it was held he cannot appeal. Read the case

QUERY: can the victim appeal? No the victim cannot appeal, even though he feels injustice has been done

Right of appeal is statutory

ADILI V STATE (1989); AGU V AYALOGU (1999); UGWU V AG E.C.S (east central states)

 

APPEAL AND CASE STATED

CASE STATED is a reference to a higher court to give its opinion on points of law or interpretation of the constitution. See s. 295(2) 1999 Const; order 5 r 1 CAR  2016

It is not an appeal

The opinion of the higher court on the issue will be used to decide the case

Conditions for case stated

FRN V IFEGWU, ABACHA V FRN

1. The question must relate to interpretation of or application the constitution
2. The question must arise form the proceedings in relation to an issue before the court
3. Substantial question of law; substantiality to be decided by the court making reference
4. Court making reference not to give opinion of law on the question referred.

 

Quere: can an appeal arise from a decision of the lower court base on case stated? Yes you can appeal, its not the same justices that gave the opinion that would sit on the appeal. However you cannot appeal directly from the high court to Supreme Court they still have to go through the Supreme court.

 

CASE STATED FROM HIGH COURT TO COURT OF APPEALS Order 5 CAR 2016

1. Question of interpretation of constitution
2. Any question of law

Form 1 or 2 in the 1^st schedule

 

APPEALS & OTHER PREROGATIVE  WRITS

Available on the supervisory powers of the high court over inferior courts.

Habeas corpus

Mandamus

Certiorari – STATE V FALADE

Prohibition – STATE V CHIEF MAG ABOH MBAISE, EX PARTE ONUKWE

 

FORMS OF AN APPEAL

1. Appeal as of right. S 241 (1) 1999 Const.
2. Appeal with leave. S.242 1999 Const.

 

APPEALS FROM MAGISTRATES’ COURT TO HIGH COURT

The high court have both original and appellate jurisdiction

See. S. 28 HCL of Lagos state; ss. 257 (2) & 272 (2) 1999 const.

 

Time to appeal

30-90-30

Appeals to be filed within 30 days form the date of the decision. SEE ss.485(4) ACJA ; 281(1) CPCL; 69(1) MCL

To be filed within 15 days for sentence of canning from the date the sentence is pronounced. S. 281 (1) CPCL

 

How to commence appeal

Notice and grounds of appeal to be signed by appellant or his legal practitioner

See O.2 R.2(2) HCL (Appeal) R 2004.

Notice to be filed in the magistrate court registry.

The appeal is to be filed in the registry of the lower court but to be headed in the higher court. In the magistrate court the appellant or his LP is allowed to sign notice of appeal.

ORAL notice of appeal under CPCL

Verbal notice may be given either in open court or to registrar who will reduce same into writing – s 280 (3) CPCL

No verbal notice in Lagos. See s.69(1) MCL Lagos

No verbal notice in FCT. See s.485 (3) ACJA

 

APPEALS MADE FROM MC TO HIGH COURT

Grounds of appeal. S 279 (2), 282(2) CPCL; 67 & 68 MCL

Appellant in custody can give notice of appeal to officer in charge of prison.

This is deemed to be date of filing.

Effect? – EWELIKWU V STATE 

SEVERAL APPELLANTS – each to give separate notice of appeal whether or not they are represented by the same counsel.

What is the effect of failure to appeal within time? They can obtain leave to appeal out of time. Procedure – motion and affidavit

 

OMNIBUS GROUND OF APPEAL IN CRIMINAL CASES

“The decision of the trial court is unreasonable and cannot be supported having regard to the evidence”

See s.19(1) Court of Appeal Act; order 2 r 9 (1)(h) HCL (Appeal) Rules; S.282 (2)(f) CPCL

Every ground of appeal must be supported by particulars of error but an omnibus ground doesn’t need particulars of error, they’re appealing against the entire decision.

Note that a ground that alleges

“That the decision is unreasonable, unwarranted and cannot be supported having regards to the weight of the evidence” is not a proper ground of appeal in criminal cases.

See ENITAN V STATE (1986)

When is Omnibus ground of appeal allowed?

1. When the error is so plain and obvious on the face of the judgement
2. Where the evidence adduced if believed would not lead to conviction
3. Where even though the evidence was believed by the trial court, it cannot be believed by a reasonable and fair minded judge

See ALI V STATE (1988)

 

PLEA OF GUILTY/ CONVICTION AND APPEAL

Query: can a person who pleads guilty appeal against conviction and or sentence? Yes they can but it depends

• Burden on the court
• Burden on the prosecution.

See Stephenson v COP (1966) ; NKIE v FRN

Where there ahs been a plea of guilty the law is that the court must ensure that the defendant understood the charge against him and that the plea of the defendant is explicit and not equivocal. There is further duty on the prosecution to summarise the facts of the case and where there is need to tender expert evidence , this requirement cannot be overlooked - Stephenson v COP (1966) ; NKIE v FRN

 You don’t convict summarily upon plea of guilt certain things have to be done

 

The SC said the CA can only entertain that appeal if ……

1. Can only entertain the appeal if the accused/appellant can establish that he did not understand the charged, or
2. Based on the admitted facts, conviction cannot be secured

See Essien v R 13 WACA 6 where the SC. established the conditions

 

Appeal may be against sentence only or conviction and sentence – effect?

Grounds of appeal to set out the particulars of error .s 282 (1) CPCL. Any ground of appeal that doesn’t contain particulars of error may be struck out except if its an omnibus ground - ASOGWA V PDP; KOYA V UBA. The court may allow it to pass if on proper scrutiny there court finds that there is substance in the ground of appeal

Grounds of appeal must be derived from decision of court appealed against. ASOGWA V PDP (2013)

 

Constitution of the high court to hear appeal

See s.273 1999 const. – for purposes of appeal the high court is duly constituted by one judge

But see s.63 HCL cap 49 laws of northern Nigeria 1963 – here judges sitting on appeal in high court must be two in number this however doesn’t contradict s.273 of the 1999 const. in this situation who delivers the lead judgement – the judgement of the most senior judge is taken as the decision of that court.

See Ishola v Abioye (1994) 6 NWLR (pt.352) 506 SC; but see s.29 HCL of Lagos state.- in Lagos one sits, but the CJ of the state based on the circumstances of the case may decide that the court be constituted by 3 judges.

 

APPEALS FROM HIGH COURT TO CA

Commenced by notice appeal NIGERIAN ARMY  V SAMUEL (2013)

1. Appeal as of right s214 (1) (a-e) of the 1999 cosnt.
2. Appeal with leave of the court s 242 of the 1999 const.

 

Right of appeal

1. The accused
2. The AG of the state/ federation
3. Other person or authorities with prosecutorial powers e.g. the police , private prosecutor

 

Time to appeal – 90 days s.24 (2)(b) CA Act 2004

Interlocutoryappeals: see s24 (2)(b) CAA – court of appeal act- there is no distinction in criminal matters, there is 90 days. But for sentence of canning its 15 days  

FILING OF NOTICE at the lower court registry O.17 R.3 (1) CAR 2016

FEES: payable except in capital cases or where appellant on legal aid – O. 17 R 8(3) CAR 2016

 

COMPUTATION OF TIME

Starts form the date of the judgement or decision appealed against.

May also start from the date appellant has notice of the judgement or decisions.

See OHUKA V STATE (1988) – here the decision of the court wasn’t brought to the notice of the appellant until the time to appeal elapsed so he wouldn’t be able to appeal. Justice Oputa held that the time had not expired that the time would start to run from when he has notice of the decisions.

 

Leave to appeal

Any appeal not as of right, requires leave. See s241 1999 constitution

Appeal filed without leave where leave is needed is incompetent, see Timothy v Fabusuyi (2013)

 

Court to approach first in application for leave

Where the lower court and court of appeal have power to entertain any application, such should be made to the lower court first.

 See O 6 R 4 CAR 2016

Application to be by motion on notice. O 6 R 1 CAR 2016

 

 Who may sign notice of appeal?

 Notice of appeal, application for leave to appeal or notice for extension of time to be signed by Appellant or legal representative – O 17 R 4(1) CAR 2016

 See ISIAKA V STATE (2011); UWAZURIKE V AGF ; NIG.ARMY V SAMUEL; IWUNZE V FRN (2013); IDEGWU V STATE (2015)

 

SIGNING OF NOTICE OF APPEAL

• Signing of joint notice of appeal is unknown
• An appellant signing on others behalf is not permitted
• Signing by law firm in an irreversible error.

See Nigerian Army v Samuel (2013)

 

EXCEPTIONS

1. Where the contention at the court below was that the convict was insane
2. Where the appellant is a body corporate

See order 17 rules 4(5) & (6) CAR 2016. See also O.18 R 2 (1)(3) CAR 2016 – if the order is form a tribunal or court martial

 

HEARING OF APPEAL IN COURT OF APPEAL

Hearing of appeal in court of appeal is by briefs of argument. see order 19 CAR 2016

 

Types of brief

• Appellants brief of arguments
• Respondents brief of arguments
• Reply brief

 

Time to file 

• Appellants brief45 days. O 19 R. 2 CAR 2016 but subject to S.8 (3) CAFTPD 2014 (14 days)
• Respondents brief 30 days O 19 R. 4(1) CAR 2016 but see s. 8(5) CAFTPD 2014 (10 days)
• Reply brief 14days . O.1 R. 5 (1) CAR 2016 but see s.8(7) CAFTPD 2014 ( 5 DAYS

 

CAFTPD does not apply generally rather it is limited to certain subject matters including terrorism,corruption ,human trafficking, money laundering, rape, kidnapping etc.

 

EFFECT OF NON COMPLIANCE

• Appellant in default, appeal to be dismissed for want of diligence prosecution. O 19 R.10 (1) CAR 2016; EVEMILI V STATE (2014); S. 8(4) CAFTPD 2014
• Respondent in default will not be heard on oral application, so the appeal would be heard based on the appellants brief of argument alone

Note the implication.

 

Parties may file joint brief of argument but before they do that they must establish that the interest should be identical – O 19 R 6 car 2016. This doesn’t mean they can file joint notice of appeal.  

 

Constitution o f court of appeal to hear appeal

See s. 247 (1) 1999 const. – a full panel of the court of appeal

Subject to s.247 (1)(a)(b) 1999 const.

 

PRELIMINARY OBJECTION

O.10 R.1 CAR 2016 notice of preliminary objection to be filed by respondent 3 clear days before the date of hearing.

 Failure to give notice of preliminary objection, court may refuse to hear the objection it may adjourn on terms – O. 10 R 3 CAR 2016

In Supreme Court – O.2 R. 9 SCR

Arguments may be include in respondents brief

 

APPEALS FROM COURT OF APPEAL TO SUPREME COURT

Time to appeal: 30 days from date of judgment – s.27 (2) (b), Supreme court act

 

SIGNING OF NOTICE OF APPEAL AT THE SUPREME COURT

 Notice of appeal to be signed by appellant. Order 9 r. 3 SCR

 

Right of appeal – s. 233(2), 1999 const.

Appeal with leave of court. S 233(3) 1999 const.

Note that it is not mandatory for appellant to be present in court.

 Wrongly headed notice of appeal is seen as an irregularity. OROK V STATE (1987)

 

Filing of briefs at the Supreme Court

• Appellant – 10 weeks
• Respondent – 8 weeks
• Reply – 4 weeks

See generally O.6 R. 5 SCR

 

PRACTICE DIRECTIONS IN SUPREME COURT

• Applicable to offence of terrorism, rape, kidnapping, corruption, money laundering and human trafficking.
• Record of appeal to be compiled – 15 days
• Briefs – appellant – 10 days
• Respondent – 7 days
• Reply – 3 days. See s. 6 SCPD 2013

 

ADDITIONAL EVIDENCE ON APPEAL

• Generally new evidence is not admissible on appeal. Esoh v COP (1958) 3 FSC 37. Why?

1. There must be an end to litigation
2. Successful party is entitled to enjoy the fruit of the judgment
3. Successful party not be confronted with new case on appeal. See ESANGBEDO V STATE (1989); O 17 R. 3(3) CAR 2016

Leave must be obtained.

 

 Condition for additional evidence on appeal

1. May be allowed in the interest of justice
2. Appellant must show that the evidence sought to be adduced was not available at the trial or could not have been adduced at the trial.

SEE OLADIPUPO V STATE 920130; ARIRAN V ADEPOJU

3. Evidence must be apparently credible, though not incontrovertible
4. In exceptionalcircumstances where to do so would not mean a fresh rehearing.See ABIOLA V COP; R V ROWLAND; 32 CAR 29

 

Appellate court may admit the evidence or refer the case to the lower court to take the evidence and adjudicate afresh in the light of the evidence.

CA may direct lower court to report its findings on such evidence to it.

S.45 High court law of Lagos stat; s 55, high court law of NN

 

ADDITIONAL OR AMENDED GROUND OF APPEAL

• See O 17 R 3(3) CAR 2016
• Appellant may file and argue additional ground of appeal.
• He may also apply to amend the ground already filed
• To do either, he needs Leave
• Without leave, no argument on those grounds.

 

ORDER OF RETRIAL – see s. 36(9) CONST.

1. Where there is an error in law or an irregularity in procedure such that although the trial was not rendered a nullity, it cannot be said to be miscarriage of justice
2. The evidence as whole discloses a substantial case against appellant
3. No special circumstances as to make it oppressive for Appellant to be tried a second time
4. The offences for which appellant was convicted or consequences is not trivial.
5. To refuse an order of retrial would occasion a greater miscarriage of justice. ABODUNDE V R; AIGBE V STATE (1976)

All these 5 conditions that would lead to the court to make an order for retrial are cumulative. They must exist at the same time before an order of retrial would be made. 

 

NO retrial , if it would enable the prosecution to remedy his inadequacies

Or

 No retrial, if it would enable the prosecution to adduce evidence the absence of which would have enabled the appellant to succeed in appeal. OKAFOR v STATE

 

 

ABANDONMENT OF APPEAL

It could be either

1. Express, or
2. Implied

 

PROCEDURE FOR ABANDONMENT

Registrar will notify respondent of the abandonment as in form 12.

File a notice of abandonment as in criminal form 11 of 2^nd schedule to the rules.

 Upon services to the court registrar, the appeal is deemed dismissed.

O.17 R.18(1) CAR 2016

Abandonment of appeal does not include abandonment of record of appeal. DADA v state (2013) 2 NWLR ( Pt. 1337) 59 @ 70

Appellant may withdraw his notice if abandonment of appeal with leave of CA or SC

Accused/appellant will file criminal form 13 while prosecutor/ appellant files criminal form 13A

 

BRINGING APPEAL & ENTERING APPEAL

See SC case of BARIGHA V PDP (2013)

Appeal is deemed to have been brought as soon as the notice of appeal is filed at the registry of the trial court. O 6 R 10 CAR 2016

Appeal is deemed to have been entered as soon as the record of appeal has been transmitted to the superior court and entered on the cause list. See O 4 R 10 CAR 2016.

 

ABATEMENT OF APPEAL

This refers to when appeal terminates. This occurs outside the will of Parties e.g. when the appellant dies.

 Upon the death of the appellant or convict the appeal abates. AJILORE V STATE (1993)  

Note that the prosecution cannot die.

 If the appeal is against the sentence of fine, it survives, as it will be satisfied by the deceased estate. R v ROWE (1955) 39 CAR 57

 

 

APPEALS II

NOTICE OF APPEAL

Notice of appeal shall be as in criminal form 1 when an accused/convict is appealing. O 17 R 3 CAR 2016.

Where the prosecutor/ appellant, it shall be in criminal form 6. O 17 R 3 (1) CAR

Failure to comply to the form is deemed an irregularity. UDOH V STATE.

Notice of appeal is what commences an appeal, where there is no notice of appeal there is no appeal. Any purported appeal without notice of appeal is a nullity. See UROK V STATE (1987)

Defective notice of appeal is ineffective. NIGERIAN ARMY V SAMUEL (2013) 14 NWLR (PT.1375) 466.

A notice of appeal signed by a party who ought not to sign the appeal is ineffective e.g. where LP signs an appeal that going to SC the notice of appeal is ineffective.

 

GROUNDS OF APPEAL, WHAT IS?

• it is the reason why the decision of the court is challenged. OKPONIPERE V STATE (2013)

“ An attack on the judgement of the court on the issue decided by it”. See South Atlantic petroleum Ltd v Minister of Petroleum Resources &ors . LER (2018)SC.

 Particulars of error are the specific errors the court committed. but grounds of appeal is the general issue

• Note that the grounds of appeal must relate to the ratio/decision. See Ogunbiyi v Ishola (1996); AKPAN V BOB (2010)
• Grounds of appeal is not an argument or a narrative
• The grounds of appeal must be of substance. Grounds + particulars = substance
• above formula can be used to determine classification. OSAHON V FRN (2003)
• Grounds of appeal must accompany every notice of appeal. Any exception?

 

FORMULATION OF ISSUES

• Issues formulated must be distilled from the grounds of appeal
• Failure to formulate issues out of any ground equals abandonment of that ground. FRN v IWEKA (2013)

Read the case of Roll v university of Nigeria (2018)

• an issue must be tied to a ground or grounds of appeal. See ROE LIMITED V UNIVERSITY OF NIGERIA . LER (2018) SC. 42/2007
• Bad brief writing is to tie the issues to all the grounds of appeal
• Appeals are determined on the basis of formulated issues
• Court may adopt, reframe or re-couch issues. See UGWU V STATE (2013)

 

 GROUNDS OF APPEAL CLASSFICATION

• Grounds of law
• Grounds of facts
• Grounds of mixed law and fact

See ABDUL V CPC (2014)

What is the importance of the distinction? To know where leave oif court is required to file the appeal.

 

CRITERIA TO DISTINGUISH

Grounds complaining of misapplication of law to proved facts or misunderstanding of law is a ground of law.

A ground questioning evaluation of facts/ evidence by the court before the application of law, is a ground of mixed law and facts.

A ground questioning only facts is a ground of fact.

Court holding that an event occurred but no admissible evidence to support law.

See Abdul v CPC (2014)

 

PARTICULARS OF ERROR

Each ground of appeal must be supported by particulars of error.

A ground of appeal without particulars of error may be struck out. See Koya v UBA Ltd (1997)

Note the OMNIBUS GROUND of appeal. s 19(1) CAA

 

Briefs of argument

What is a brief of argument? Succinct arguments on points of law as it relates to appellants case. Formerly there was no limit on the number of pages of a brief of argument but the new rule is that a brief of argument must not be more than 35 pages.

What are the three types of brief? There are three types of brief namely: appellant’s brief of argument, respondents brief of argument, reply brief.

See O.19 R 2; O.19 R (4)(1); O. 19 R (5) CAR 2016

Its bad brief writing to rely on case where the appeal was dismissed, look for a case that favours your case.

 

POWER OF COURT TO DISPENSE WITH BRIEF OF ARGUMENT

See order 19 rule 10 & 11 CAR 2016 where parties fail to file their brief of argument without time.

Joint briefs. See Order 19 Rule 6 CAR 2016

Note the application for consolidation, if there must be joint brief.

 

CONTENTS OF BRIEFS OF ARGUMENT

• Introduction
• Statement of facts
• Grounds of appeal
• Issues for determination
• Arguments on the issues
• Conclusions
• List of authorities
• See order 17 rule 4(1) 2016
• Address for service. Order 19 r.3 (1) CAR
• It must not exceed 35 pages. See O.19 R. 3(6)(a) CAR 2016

QUERE: Does the page limit relate to all briefs? Not it applies to only appellant brief and respondent brief - Order 19 rule 3 (6), page limit for reply brief is 15 pages – order 19 rule 5 (2).

 

BAIL APPENDING APPEAL …

When it may arise

See s.28(1) Court of Appeal Act; s.31(1) SCA empowers the court to grant bail to a convict. At this stage the accused person has already been convict so the issue of innocence and *liberty has been dispensed with. Bail is no longer as of right, he is simply appealing to the court to have mercy in him.

 

Application for a bail may arise in appellate court, via ….

1. Application for bail at CA pending his trial at trial court. UKATU V COP (2001)
2. Where applicant/appellant has been tried and convicted but has appealed. FAWEHINMI V STATE
3. Failure to quash charge for non disclosure of prima facie case. ABACHA V STATE

 

Note that bail is predicated on presumption of innocence and liberty. S 3695) ; 35 Const.

 Note s 138 EA 2011 on burden of proof.

At this stage, s 36(5) 1999 Const. is inapplicable.

 At this stage, prosecution has complied with s.138 EA 2011 already.

 

What is the difference between bail pending appeal simpliciter and bail pending appeal after conviction?

 See Nwoke v FRN (2005) All FWLR (pt. 245) 1083

Application for bail pending appeal after conviction may be granted only on special circumstance. BAMAIYI V STATE; JAMMEL V STATE (1996)

 

in which court do you file application for bail after conviction pending appeal?

were to file application for Bail after conviction before appeal

Depends ion whether appeal has been brought or entered. See O 17 r.13 CAR 2016; O 9 R 4(6) SCR,

ORDER 6 RULE 4

 

Factors guiding the court in granting the convict bail after conviction

1. Nature of the appeal. R v Starkie 24 CAR 1
2. Ill health. FAEWHINMIN V STATE; CHUKWUNYERE V POLICE (1975)
3. Trial and conviction manifestly contestable. FAWEHINMI V STATE
4. Duration of sentence . See Olamolu v FRN (2009) All FWLR
5. Convict first time offender. Buwai v State (2004)
6. Convict on bail during trail and did not breach the terms. See OLAMOLU V FRN (2009)

 

Condition precedent for filing bail application

1. There must be Pending substantive appeal - So annexed to your bail application there must be anotice of appeal
2. Compliance with sanctions imposed for the due prosecution of the appeal – this is deposed to in the affidavit

 

Mode of applying

Motion supported by affidavit and written address  – see AROYEUN V COP (1968)

 Where there was a joint trial you have to file separate application

 

TERMS OF BAIL

• Self- recognisance
• Execution of bond by the accused
• Production of surety or sureties who will execute a bond in a specified sum
• Deposit in lieu of bond
• Other conditions

Terms of bail are refereed to as post-bail conditions

 

BAIL REVOCATION

• Police bail, until he is charged to court
• Bail pending trial, until judgment
• Bail pending appeal, until end of appeal
• Indicted by a law officer for non-bailable offence
• Where he jumps bails s. 184 ACJA
• Surety applied to be discharged.

Onyebuchi v FRN

 

Who makes the application? By way of motion on notice