In order words, offences other than those carrying the
punishment of death or life imprisonment, are bailable. The
submission of Counsel for the Applicant that “the punishment of
life imprisonment of the offence of rape is not mandatory, it
merely means that upon conviction of same, the Court has the
discretion to impose any sentence up to life imprisonment
unlike the offence of murder where punishment is a mandatory
death sentence”, to my mind, is not consistent with the clear
and unambiguous provision of Section 99(1) of the CPC as
amended.
My understanding of that Section as amended is
that the legislature has curtailed the scope of the Courts
discretion in bail matters. In other words by the amendment
the scope the Court has no jurisdiction to grant bail has been
widened to include life imprisonment”. In the result, I hold that
I have no jurisdiction to grant bail to the Applicant.
The
application is therefore, hereby, struck out.
...……………………….....
Hon. Justice E.A. Amadi
Judge
13/6/2010
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