SUMMONS FOR BAIL

LET ALL parties attend at the High Court of the FCT Abuja holding at Bwari on the …….day of ……. 2012 at the Hour of 9 O’clock in the forenoon on the hearing of an application for bail by the Accused persons/ Applicants praying for:

1. AN ORDER admitting the Applicants to bail pending the determination of the trial at the Magistrate Court.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as this Court may deem fit to make in the circumstances.

DATED THIS ……… DAY OF…………………………. 2012

This Summons was taken out by Adesina Boyega of Shittu&Shittu and Co whose address for service is at No. 15 Bariga Close Wuse Zone 4 Abuja, Legal Practitioner for the applicants.

FOR SERVICE ON:

MOTION ON NOTICE FOR BAIL

TAKE NOTICE that this Honourable Court will be moved on the …….day of ……. 2012 at the Hour of 9 O’clock in the forenoon ore so soon thereafter as Counsel to the Accused persons/ Applicants will be heard praying this Court for:

1. AN ORDER admitting the Applicants to bail pending the determination of the trial.
2. AND FOR SUCH ORDERS as this Court may deem fit to make in the circumstances.

DATED THIS ……… DAY OF ………………………….2012.

FOR SERVICE ON :

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE (SUMMMONS) FOR BAIL

I, Eze Samuel, Male, Adult, Christian, businessman and a Nigerian citizen of No. 40 Ankpa Street High Level Makurdi do hereby make oath and state as follows:

1. That I am the elder brother of the 1st Accused person/Applicant and by virtue of which I am conversant with the facts of this case.
2. I have the consent of the 1st Accused/Applicant and of the Counsel handling this case to depose to this Affidavit.
3. That on the 10 day of February 2012 the accused/Applicants were arrested by the police for allegedly stealing the sum of N20,000.00 from one Miss EneAgbo at 10 kilometers away from the Jamb office in Makurdi, Benue State.
4. That the Accused/Applicants are standing trial for the Charge of stealing which is a simple offence.
5. That I know my brother, the 1st accused/Applicant was at Jolly well Hotel Makurdi on the day the alleged offence was committed.
6. The 1st accused/Applicant is a person of good character having no bad criminal record.
7. The 1st Accused/Applicant was diagnosed of renal failure and Kidney stones in 2010 and he is still undergoing medical checkup monthly, a copy of the Medical Report is hereby attached and marked as Exhibit ‘A’.
8. I was informed by the 1st Accused/Applicant on the 20 of May 2012 at the Minimum Prison Makurdi and I verily believe him that he will not:
   
   1. jump bail if admitted to bail pending his trial.
   2. interfere with Police investigation
   3. commit another offence while on bail.
9. I am ready to stand as surety for his bail on such terms imposed by the Court.
10. The grant of this application will not in any way prejudice the Complainant
11. I swear to this affidavit in good faith believing its content to be true and correct in accordance with the Oaths Act.

COUNTER AFFIDAVIT

I, Ameh John, Adult, Male, Nigerian Citizen and Medical Doctor with the Nigerian Prison Service, Minimum Prison Makurdi do make oath and state as follows:

1. That I am the Chief Medical Officer at the Nigerian Prison Service Makurdi where the 1st Accused/Applicant has been in custody and by virtue of which I am conversant with the facts of this case.
2. That I admit paragraphs 3 and 4 of the Applicant’s Affidavit in support of his bail application.
3. That on the 10 day of March 2012, the 1st Accused/Applicant was brought to our clinic for checkup from custody following his complaints.
4. I ran a major test on the 1st accused/Applicant to reveal any medical disorder in the 1stAccused/Applicant, a copy of the test result is hereby attached and marked Exhibit ‘A1’.
5. That it is not true that the 1st Accused/Applicant is suffering from neither renal failure nor kidney stone disease.
6. That the result showed that the 1st Accused/Applicant is depressed from anxiety.
7. The 1st Accused/Applicant was provided with relevant drugs to control the condition and the Prison has the medical capacity to handle such.
8. The Accused/Applicant has again been brought for a second checkup, the result showed a better emotional condition, a copy of the test result dated the 30 day of March 2012 is hereby attached and marked Exhibit ‘B1’.
9. The 1st Accused/Applicant’s application for bail should be refused in the interest of justice.
10. I make this statement in good faith believing its content to be true and correct and in accordance with the Oaths Act 2004.