⦿ CASE SUMMARY OF:
Ifeanyi Martins Amadikwa v. The State (2015) – CA
by PaulPipar
⦿ THEME(S)
– Bail after conviction;
⦿ PARTIES
APPELLANT
Ifeanyi Martins Amadikwa
v.
RESPONDENT
The State
⦿ CITATION
(2015) LPELR-24569(CA);
⦿ COURT
Court of Appeal
⦿ LEAD JUDGEMENT DELIVERED BY:
Helen Moronkeji Ogunwumiju, J.C.A
⦿ LAWYERS WHO ADVOCATED
FOR THE APPELLANT
– Mr. Paul Osarenkhoe.
FOR THE RESPONDENT
– Mr. M.O. Omojeghian
⦿ FACT
The Appellant/Applicant is seeking for bail because according to him, the further stay in Prison custody will not only jeopardize his life but also that of other inmates in view of his complicated health situation which includes a highly infectious disease.
⦿ ISSUE
AN ORDER admitting the Applicant, Ifeanyi Martins Amadikwa, to bail pending the hearing and determination of the Appeal.
⦿ HOLDING & RATIO DECIDENDI
1. The order was granted.
RATIO:
i. There is a medical report -Exhibit E written by Dr. Uzuegbu Chibuzo, a Deputy Controller of Prisons (Medical) Oko Prisons on record, who after examination and tests carried out on the applicant recommends that the applicant will get better treatment outside the Prisons.
ii. Also attached to the Affidavit is a medical report from Central Hospital, Benin marked Exhibit C, a medical X-Ray marked Exhibit D. From the aforesaid Exhibits, one can readily see that the Applicant’s health is deteriorating. These reports were written by Government Doctors from Government hospitals. What is worrisome in the circumstances in the diagnosis is that tuberculosis is a highly infectious disease which should not be allowed to fester in the confines of prison custody. These are exceptional circumstances.
iii. The Prison Doctor states categorically that he cannot get proper treatment from the medical facilities available in Prison for these life threatening illness. I believe the affidavit and Exhibits attached to this motion reveal special circumstances to warrant the exercise of this court’s discretion in favour of the applicant.
⦿ REFERENCED
⦿ SOME PROVISIONS
⦿ NOTABLE DICTA
* PROCEDURAL
* SUBSTANTIVE
It is well settled law that bail after conviction is not granted as a matter of course but on very special circumstances, as it is presumed that the conviction of the applicant is correct until subsequently (if at all) set aside on appeal. The applicant must establish peculiar, special facts and circumstances to be considered before the grant of the application. – Ogunwumiju, J.C.A. Amadikwa v. State (2015)
For the discretion of this court to avail the applicant, he must show concrete evidence that appropriate and effective medical facilities are not accessible to the convict in the confines of prison custody. – Ogunwumiju, J.C.A. Amadikwa v. State (2015)
When a person is held in detention, the responsibility of affording him access to proper medical facility rests with those in whose custody he is. – Ogunwumiju, J.C.A. Amadikwa v. State (2015)
I am also aware that before an applicant can be granted bail pending appeal there must be a Notice of Appeal before this court. – Ogunwumiju, J.C.A. Amadikwa v. State (2015)
It has to be underscored that the health of every citizen should be of importance to the State, whether the person is standing trial, a free man or has been convicted for an offence. Therefore ill-health can be a special circumstance for admitting someone to bail; but it should not be a bare and empty assertion of ill-health. – Ogakwu, J.C.A. Amadikwa v. State (2015)
