APPLICATION FOR BAIL TO HIGH COURT

MOTION ON NOTICE


IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

CASE NO:

BETWEEN

FEDERAL REPUBLIC OF NIGERIA COMPLAINANT/RESPONDENT

AND

  1. IKPO UDO ACCUSED
  2. BURAGO MUSA ACCUSED/APPLICANT

MOTION ON NOTICE

BROUGHT PURSUANT TO SECTION 341(2) and (3) OF THE CRIMINAL PROCEDURE CODE ACT AND SECTION 35(4), (5) AND SECTION 36(5) OF THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) AND THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that the Honourable court will be moved on the________day of_____2013 at the hour of 9’O clock in the forenoon or so soon thereafter as applicant’s counsel will be heard on behalf of the application praying for the following orders:

  1. AN ORDER admitting the accused/applicant to bail pending his trial.
  2. AND such further orders as this Honourable court may deem fit to make in the circumstances of this case.


Dated this_____day of_______2013

_____________
K. O. D. Okwor Esq.
Applicant’s Counsel
Okwor & Co
Plot 111 Mary Close,
Victoria Island, Lagos







FOR SERVICE ON
The Hon. Attorney-General of Federation
Attorney-General’s Chambers
Ministry of Justice
Abuja

AFFIDAVIT IN SUPPORT OF APPLICATION FOR BAIL


IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

CASE NO:

BETWEEN

FEDERAL REPUBLIC OF NIGERIA COMPLAINANT/RESPONDENT

AND

  1. IKPO UDO ACCUSED
  2. BURAGO MUSA ACCUSED/APPLICANT

AFFIDAVIT IN SUPPORT OF APPLICATION FOR BAIL

I, Burago Musa, male, adult Nigerian, resident at 15, Udeh Street, Surulere, Lagos, do hereby make oath and state as follows:

  1. That I am the accused/applicant in this case and by virtue of my position, I am conversant with the facts of the case and the circumstances leading to this case.
  2. That I was arrested along with Ikpo Udo by the police officers of the Bwari Division, Abuja on Friday the 2nd of January 2013 on the allegation of robbery of one Mrs. Ene Agbo on the that date.
  3. That we were arraigned before the Bwari Chief Magistrate in the Bwari Magisterial district, Abuja on 20th January 2013 on a charge of robbery. The charge sheet is hereby attached and marked as EXHIBIT K1
  4. That I have never been arrested, charged nor convicted of any offence before.
  5. That I was with my wife on the said day and the time in which the offence was said to have been committed.
  6. That I am a bus driver plying the route of Bwari to Lokoja before the arrest.
  7. That I am an out-patient at the Gwagwalada Specialist Hospital where I have been undergoing treatment for renal failure. The report is hereby attached and marked EXHIBIT K2.
  8. That the prison which I am kept has no facilities for the treatment of the kind of ailment.
  9. That I can barely stand on my feet for more than 10 minutes at most.
  10. That an application for bail was before the Bwari Chief Magistrate of the Bwari Magisterial District which was refused. The ruling of the Magistrate is hereby attached and marked EXHIBIT K3
  11. That I make this affidavit in good faith believing same to be true by virtue of the Oaths Act.


-----------------------
Deponent



SWORN to at the High Court Registry, Abuja

This_______day of_______2014

BEFORE ME

__________________________
COMMISSIONER FOR OATHS