IN THE HIGH COURT OF LAGOS STATE

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

CASE NO...... 2020.

BETWEEN

THE STATE OF LAGOS...............COMPLAINANT/RESPONDENT

AND

MUSA OLU...............DEFENDANT/APPLICANT

MOTION ON NOTICE

BROUGHT PURSUANT TO SECTION XXX AND XXXOF THE ADMINISTRATION OF CRIMINAL JUSTICE LAW, SECTION 35(4) AND 36 OF THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA 1999 AND UNDER THE INHERENT JURISDICTION OF THE COURT.

TAKE NOTICE that this honourable Court shall be moved on the___day of_____2015 at the Hour of 9 O'clock in the forenoon or so soon hereafter as Counsel to the Defendant/Applicant may be heard praying the court for
the following RELIEFS:
1. AN ORDER admitting the accused persons/applicants to bail pending his trial.
2 AND FOR SUCH FURTHER ORDER OR ORDERS as this honourable court may deem fit to make in the circumstances.

Dated this ____day of 2020.

ACCUSED/APPLICANT'S COUNSEL:

Ade Nnamdi Esq.

ABC & CO., No. 1 xxxxxx,

Victoria Island-Lagos.

FOR SERVICE ON:
The Respondent
Office of the Deputy Director of Public Prosecution,
Ministry of Justice, Lagos

Affidavit in Support of Motion

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

CASE NO...... 2020.

BETWEEN

THE STATE OF LAGOS...............COMPLAINANT/RESPONDENT

AND

MUSA OLU...............DEFENDANT/APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION

I, Ade Emeka, Adult, Male and a Nigerian Citizen of No 1, xxxxxxx, Lagos do make oath and state as follows:

1. I am the brother of the accused/applicant and by virtue of which fact I am quite conversant with facts of this case and I have the authority and consent of the applicants to depose to this affidavit.
2. I know the accused was arrested by men of Nigerian Police on the 7th of May. 2020 on the allegation of stealing and I know that the applicant was arraigned before this honourable court on the 23rd of May, 2020 and the court directed that he be remanded in prison custody.
3. On the 25th of May2020, at about 5.00pm I was at the Kuje Central Prison, Abuja with the applicant where I was informed by the applicant of the following fact which I verily believe to be true:
A. That he was arrested by police at the Bwari Market but he did not commit the alleged offence but in the morning of the said robbery, he was at the National Hospital and after a series of tests, he was given the laboratory test reports. A copy of the lab test was shown to me and attached herewith. It is marked "EXHIBIT A1".
B. That he went back to the doctor who carried out further physical examinations on him and issued him with a medical certificate. The said medical certificate was shown to me and attached herewith. It is marked as "EXHIBIT A2".
C. That by the report and the doctor's advice, he was to visit three different consultants once every week for routine checkup and he has remained in prison custody since then and he has not had access to medical treatment.
D. That upon inquiry he was informed that the facilities and personnel required for this type of ailment are not available in the prison.
4. Since he entered the prison, he has suffered untold rejection, and dejection as all the other inmates run away from him because of the severe cough which they fear could infect them.
5. That if he is granted bail, he would not jump bail.
6. That he is prepared to provide reasonable sureties.
7. That I swear to this affidavit in good faith believing same to be true and correct to the best of my knowledge and in accordance with the Oaths Act.