CaseLaw
OGWUCHE V. FRN & ORS (2020) CLR 6(b) (SC)
Judgement delivered on June 5th 2020
Brief
Facts
This appeal is against the judgment by the Court of Appeal, Abuja division delivered on 5th June, 2017 wherein the lower Court upheld the decision of the learned trial Judge of the Federal High Court in charge No. FHC/ABJ/CR/254/14 consisting eight counts of Terrorism. The facts giving birth to this appeal may be summarized as hereunder.
On 6th March, 2015, the appellant and the 2nd to 5th respondents were arraigned in the Federal high Court at Abuja in charge No. FHC/ABJ/CR/254/14 on an eight counts charge of Terrorism. After all the accused persons pleaded not guilty to all the counts of terrorism, each of them applied through his counsel that he be remanded in prison custody while awaiting his trial in Court. The prosecution opposed this application and urged that they be remanded in the custody of the Department of State Services because they are charged with an extraordinary offence and that in recent times, there have been incidents of jail breaks within the country. The trial Court refused the application and ordered that the accused persons be remanded in the custody of the Department of State Services pending the conclusion of the prosecution of this case.
Dissatisfied with the said ruling, the appellant appealed to the Court below by a notice of appeal containing two grounds. An amended notice of appeal brought in one more ground. After hearing the appeal, the Court below, in its judgment delivered on 5th of June, 2017 affirmed the decision of the learned trial judge and dismissed the appeal of the appellant.
Further dissatisfied, the appellant filed a notice of appeal on 5th July, 2017.