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Dec 19, 2018

More to it than meet the very eyes


Granted, it is trite that bail is at the discretion  of the Court, however the same court has been advised repeatedly in many Supreme Court cases that such discretion must be exercised Judicially (as  an upholder of Law with pure and neutral mind) *JUDICIOUSLY* ( with wisdom and maximum discreet). 


Evidence Act lists item that can be taken judicial notice of to  wit :

I am in interested in paragraph *j*

. (1) The court shall take judicial notice of the following facts -


(a) all laws or enactments and any subsidiary legislation made thereunder having the force of law now or heretofore or hereafter to be in force, in any part of Nigeria:

(b) all public Act passed or hereafter to be passed by the National Assembly and all subsidiary legislation made thereunder and all local and personal Acts directed by the National Assembly to be judicially noticed;

(c) the course of proceeding of the National Assembly and of the Houses of Assembly of the States of Nigeria;

(d) the assumption of office of the President and of any seal used by the President;

(e) all seals of which English courts take judicial notice; the seals of all the courts of Nigeria; the seals of notaries public, and all seals which any person is authorised to use by any Act of the National Assembly or other enactment having the force of law in Nigeria;

(f) the existence, title and national flag of every State or Sovereign recognised by Nigeria;

(g) the divisions of time, the geographical divisions of the world, the public festivals, fasts and holidays notified in the Federal Gazette or fixed by Act;

(h) the territories within the Commonwealth or under the dominion of the British Crown;

(In) the commencement, continuance and termination of hostilities between the Federal Republic of Nigeria and any other State or body of persons;

(j) the names of the members and officers of the court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, *and of all LEGAL PRACTITIONERS* (capital is mine to create emphasis) 

*and other persons authorised by law to appear or act before it*

(k) the rule of the road on land or at sea;

(l) all general customs, rules and principles which have been held to have the force of law in or by any of the superior courts of law or equity in England, the Supreme court of Nigeria or the Court of Appeal or by the High Court of the State or of the Federal Capital Territory, Abuja or by the Federal High Court and all customs which have been duly certified to and recorded in any such court;

(m) the course of proceeding and all rules of practice in force in the High Court of Justice in England and in the High court of a State and of the Federal Capital Territory, Abuja and in the Federal High Court..


There is NBA the Association of all  Lawyers in Nigeria, top in the hierarchy is Mr President the NBA President. The No 1 Lawyer in Nigeria!!. The Court is enjoined by Evidence Act to take Judicial Notice of NBA President, the No 1 Lawyer in Nigeria, even when bail is discretionary it is not absolute it must be exercised *judiciously*

It is an insult, a slap, a huge embarrassment to this profession for Mr President not to be accorded respect and granted bail on self recognizance, The No 1 Lawyer of the largest bar in Africa.

It calls for a sober reflection.
It is not yet Uhuru. 

The Court has decided.  It is well.

Rafiu Tolani Esq
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