mind of the Court as to whether or not it is the accused who committed
the offence, such doubts should be resolved in favor of the accused. I
shall therefore give the benefit of doubts to the accused person. The
accused, in my view, should be discharged and acquitted and this is what
I must do now. The accused person, SELLU JALLOW is accordingly
discharged and acquitted.
………………………………………………..
HON. MR. JUSTICE A.E NKEA
HIGH COURT JUDGE
31/05/2011
Mr. YUSUF: My Lord, as a matter of policy, we wish to give oral notice of
our intention to appeal the acquittal of the accused. We apply under
Section 285 (e) of the CPC for the accused who has just been acquitted to
be remanded in custody.
Mrs. Ngozi: With respect to the application made by the learned Senior
State Counsel, we will be relying on Section 285 (e) (2) of the CPC to urge
Your Lordship to admit the accused to bail and or allow him to continue
on his bail. We also urge Your Lordship to make the necessary orders
pursuant to Section 285 (e) (4) of the CPC.
FURTHER ORDERS
Having listened to the learned Senior State Counsel and having also
listened to learned defense Counsel, I shall further Order as follows:
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