Counsel urged me to grant the Applicant bail pending any charges to be brought against him in any Court of law. I adjourned the case to 25/5/2010 for Ruling on the application. It turned out that 25/5/2010 was a Public Holiday and consequently the matter came up on 26/5/2010. That morning, the Clerk of Court drew my attention to process served on her from the A G’s Chambers, namely, a Counter Affidavit to the Applicants Motion and a Motion on Notice supported by an affidavit. I got from the Applicant’s Counsel that she was similarly served, but there was no State Counsel in the Court. The said Motion prayed for an order to defer the ruling on the application for bail. The strange twist in the matter was that no State Counsel was present to move the Motion. For this reason, Applicant’s Counsel urged me to ignore the process and give my Ruling. I stood down the ruling for a while to go through the processes in Chambers. Bail is at the discretion of the Court; I decided to suo motu defer the ruling and be sure that I based my decision on sufficient materials from both sides. The matter was subsequently adjourned to 31st May, 2010 on which day, Mr. M. B. Abubakar, Principal State Counsel appeared for the State. He served a Further Counter Affidavit to which has exhibited copy of an information against the Applicant. Although the procedure is some what irregular, I decided to hear him. He said that the Applicant has been charged in the High Court for Rape; that Ext A to 3

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