Judgment
DANLAMI ZAMA SENCHI, J.C.A. (Delivering the Leading Judgment) : This appeal is against the ruling of the Federal High Court, Abuja in Charge Nor FHC/ABJ/CR/258/2019 delivered on the 23rd day of November, 2020 by O. E. ABANG, J. Pursuant to a Summons to Admit to Bail dated and filed on 25th October, 2019 on behalf of the 1st Defendant in Charge No. FHC/ABJ/CR/258/2019 (Abdulrasheed Abdullahi Maina), the lower Court admitted him to bail via a ruling delivered on 26th November, 2019. (See pages 296-322 of the Record of Appeal).
The bail conditions were varied via the Ruling of the lower Court delivered on 28th January, 2020 upon an Application filed on behalf of the aforementioned 1st Defendant on 6th December, 2019. On 29th April, 2020, the 1st Defendant’s Application for further variation of the bail conditions was dismissed for lacking in merit. The trial Court on 29th June, 2020 further varied its order made on the Bail Conditions on 28th June, 2020.
The 1st Defendant was granted bail and he was released from custody on 24th July, 2020, after satisfying the Bail conditions. The Appellant was the surety of the 1st Defendant and he filed an 11 paragraphs Affidavit of Means on 5th May, 2020, in which he averred inter alia that the property used in fulfilment of the bail term belongs to him, he is ready to produce the Defendant in Court to stand his trial and if the Defendant jumps bail, he shall forfeit the bond to the tune of N500,000,000.00 to the Federal Government of Nigeria.
The 1st Defendant failed to appear before the trial Court on several adjournments including: 29th September, 2020; 30th September, 2020; 2nd October, 2020; 19th October, 2020 and 18th November, 2020, without reasonable explanation.
On 18th November, 2020, pursuant to the Respondent’s Application, the bail of the 1st Defendant was revoked and a Bench Warrant issued against him; and pursuant to the prayer of the Appellant, the lower Court granted an adjournment to 23rd November, 2020, to enable the Appellant engage a Counsel to show cause why he should not be remanded in prison as a result of the 1st Defendant jumping bail.
The Appellant’s counsel then wrote a letter dated 19/11/2020 addressed to the DCR the trial Court requesting for certain processes (documents) to enable him look at them and prepare for his defence behalf the surety. (see pages 194 – 195 of the Record of Appeal Delivering his Bench Ruling, the trial Court held as follows:- “Therefore, under Section 179(1) of ACJA, the prosecution’s application deserves to succeed and it is accordingly granted as prayed.
