IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABEOKUTA JUDICIAL DIVISION

HOLDEN AT ABEOKUTA
CHARGE NO: FHC/AB/62C/19

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA ……. COMPLAINANT/RESPONDENT

AND

ADEKOYA JAMES ADEYINKA …….. DEFENDANT/APPLICANT

MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 177(2) THE ADMINISTRATION OF
CRIMINAL JUSTICE ACT AND UNDER THE INHERENT JURISDICTION OF
THIS HONOURABLE COURT

LET ALL PARTIES CONCERNED attend this Honourable Court No………… at the
hour of 9’0 clock in the forenoon or so soon thereafter as counsel can be heard on
behalf of the Applicant for an order:

Varying the bail conditions granted to the Defendant/Applicant (ADEKOYA

JAMES ADEYINKA) herein in view of extreme difficulty in perfecting the
conditions of bail earlier granted by this honourable court.

And for such further order(s) as the Honourable Court may deem fit to make in
the circumstance.

GROUNDS FOR THE APPLICATION

1. Extreme difficulty in meeting the earlier bail conditions.

2. Unavailability of a landed property owner with Certificate of Occupancy.
3. Difficulty in raising the sum of N500,000.00 as deposit to the Registry of this
Honourable court.

Dated this ......... day of ..................................., 2020.

 ________________________________
FOR SRVICE ON: ADEBAYO O.
THE COMPLAINANT OGUNGBEMI ESQ
C/O HIS COUNSEL TOBILOBA.A. ORESANYA ESQ
C. A. OKOLI, ESQ O.A. ADELEKE ESQ
ECONOMIC AND FINANCIAL CRIMES
A.O. ANIGIORO ESQ
COMMISSION,
16 A, REV OYEBODE CRESCENT, ESTHER ONWE ESQ
IYAGANKU G.R.A., IBADAN. DEFENDANT COUNSEL
CITADEL OF HIS GLORY CHAMBERS
(LEGAL PRACTITIONERS)
OBASA COMPOUND, AGO-IJESA,
IJAYE JUCTION, IJAYE ABEOKUTA,
OGUN STATE.
08038187778, 08112352615
 IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABEOKUTA JUDICIAL DIVISION
HOLDEN AT ABEOKUTA
CHARGE NO: FHC/AB/62C/19

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA ……. COMPLAINANT/RESPONDENT

AND

ADEKOYA JAMES ADEYINKA …….. DEFENDANT/APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION

I, TOBILOBA A. ORESANYA, Female, Christian, legal Practitioner, Nigeria
Citizen residing at Obasa Compound, Ago-Ijesa, Ijaye Junction, Ijaye Junction,
Abeokuta Ogun State, Nigeria do hereby make oath and declare as follows:

1. That I am the above deponent.

2. That I have the consent of the Applicant herein and that of my employer to depose

to this affidavit.

3. That the following information was given to me at our office by my principal in

person of Messr A. O. Ogungbemi Esq on 21st day October, 2019 at about

12:00noon and I verily believed him.

4. That by virtue of this, I am conversant with the facts deposed to in this affidavit.

5. That the Defendant/Applicant though granted bail is still currently in detention at

Ibara Prison, Ibara Abeokuta, Ogun State as a result of which he is unable to

depose to this affidavit.

6. That unless otherwise expressly stated the deposed to by me here under are

within my personal knowledge.

7. That we sincerely appreciate the honourable for admitting the

Defendant/Applicant to bail.

8. That the bail conditions includes a landed property owner with certificate of

occupancy, with sum of N500,000.00 and deposit of the sum of N500,000.00 to

the court’s registry pending the determination of the charge.

9. That it has been extremely difficult for the Defendant/Applicant to perfect the

bail conditions.

10. That I reasonably believe that it is in the interest of Justice that the bail
conditions of the Defendant/Applicant be varied.
11. That the Defendant/Applicant is suffering from severe health conditions and has
written directly to the Deputy Comptroller of the Nigeria Correctional Service.
Find attached the said letter dated the 25 th of November, 2019 is hereby
attached and marked as “Exhibit A”.
12. That the Defendant/Applicant’s family is facing extreme difficult in securing a
landed property owner with a Certificate of Occupancy.
13. That however, one of the relations of the Defendant/Applicant who is a Level 15
Civil Servant with Ogun State Government who also has a landed property with
approved Building plan is hereby presented to the honourable for appropriate
consideration. Find attached copies of his employment credentials and the
approved building plan marked as “Exhibit B”.
14. That the best the Defendant/Applicant’s family could secure is
15. That I reasonably believe that the Respondent will not be prejudice if the
Defendant/Applicant is released on bail.
16. That I do solemnly and sincerely declare that I make this Solemn declaration
conscientiously believing the same to be true and by virtue of the provision of the
Oaths Act.

............................
DEPONENT

Sworn to at the Federal High Court Registry, Abeokuta,

This ……… day of................, 2020.

BEFORE ME:

COMMISSIONER FOR OATHS.

 IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABEOKUTA JUDICIAL DIVISION
HOLDEN AT ABEOKUTA
CHARGE NO: FHC/AB/62C/19

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA ……. COMPLAINANT

AND

ADEKOYA JAMES ADEYINKA …….. DEFENDANT

WRITTEN ADDRESS BY THE APPLICANT

1.0 INTRODUCTION
1.1 This is an address in support of motion on notice for variation of bail. The motion is
brought pursuant to Section 177(2) of the Administration of Criminal Justice Act
and under the inherent jurisdiction of the Honourable Court.

1.2 In support of the Motion, there are 12 paragraph affidavits. We place reliance on
all the paragraphs of the said affidavit.

2.0 BRIEF STATEMENT OF THE FACT

2.1 The Defendant/Applicant has been admitted to bail by this honourable court,
however it has been extremely difficult for the Defendant/Applicant to
successfully perfect the bail conditions. Furthermore, material facts before this
Honourable Court as contained in the affidavit in support show that the
respondent stand to lose nothing if this application is granted by this court.

3.0 ISSUE(S) FOR DETERMINATION

3.1 We hereby respectfully submit that the issue for determination in respect of this
application is:

“Whether the discretionary powers of the Honourable Court can be exercised

in favour of the Defendant/Applicant in the circumstances of this case?

4.0 LEGAL ARGUMENT

4.1 Generally speaking, it is trite provisions of the law that where a Defendant who has
earlier been granted bail is facing extreme difficulty in perfecting the bail
conditions may bring an application for variation of bail.

4.2 The provisions of Sections 177(2) of the Administration of Criminal Justice Law
and Other Related Matters 2017 succinctly provides and I quote:
“Where a Defendant has been admitted to bail and it is extremely
difficult for him to perfect all or some of the conditions of Bail. The
Defendant may by an application made to the Judge who fixed the
initial Bail conditions, giving the reason why the Bail conditions could
not be perfected and suggesting likely conditions within the ambit of
law which the Defendant is capable of fulfilling, apply for a review of
the Bail conditions earlier granted and after giving the Prosecution an
opportunity of being heard on the application, the court may review the
Bail conditions on its terms or as suggested by the Defendant if it is
satisfied that the conditions are sufficient to enable the Defendant
stand his trial”.

4.3 Flowing from the above provision, it is crystal clear that the court has the
discretionary powers, upon application by the Defendant, to vary the bail
conditions earlier granted, which must be exercised judicially and judiciously and in
exercising its discretion, the court is bound to examine the totality of evidence
before it without considering any extraneous matter.

4.4 My lord, we submit therefore that the discretionary powers of the Court be
exercised in favour of the Defendant/Applicant.
4.5 My Lord, we equally commend the health challenges of the Defendant/Applicant in
considering the application for variation of bail.
4.6 We therefore urge the Honourable Court to resolve the issue in favour of the
Defendant/Applicant.

5.0 CONCLUSION
5.1 Having regard to the foregoing, we urge the Honourable Court to resolve the sole
issue in favour of the Defendant/Applicant and grant this application in the
interest of Justice.

5.2 We urge the Honourable court to vary the bail conditions earlier granted to the
Defendant/Applicant in most liberal terms.
 Dated this ......... day of .................., 2020.

________________________________
FOR SRVICE ON: ADEBAYO O.
THE COMPLAINANT OGUNGBEMI ESQ
C/O HIS COUNSEL TOBILOBA.A. ORESANYA ESQ
C. A. OKOLI, ESQ O.A. ADELEKE ESQ
ECONOMIC AND FINANCIAL CRIMES
A.O. ANIGIORO ESQ
COMMISSION,
16 A, REV OYEBODE CRESCENT, ESTHER ONWE ESQ
IYAGANKU G.R.A., IBADAN. DEFENDANT COUNSEL
CITADEL OF HIS GLORY CHAMBERS
(LEGAL PRACTITIONERS)
OBASA COMPOUND, AGO-IJESA,
IJAYE JUCTION,
IJAYE ABEOKUTA,
OGUN STATE.
08038187778, 08112352615