Appellant was arraigned on July 6th, 1994 at the Abuja Federal High Court Abuja on a three counts charge. He pleaded not guilty and in the course of proceedings on that day, the prosecution asked for an adjournment.

Leading defence counsel made an oral application under S.341 Criminal Procedure Code for bail. Counsel relied on the fact that the appellant had been unlawfully detained in police custody for two weeks without trial, that there was no risk of the appellant absconding if granted bail and that the offences were bailable offences.

Prosecution concurred but argued that the appellant may commit other offences. Trial court then reserved ruling on the matter.

On July 14th, 1994 trial judge refused to grant bail. Being dissatisfied, appellant went on appeal contending that the application for bail need not be in writing; that the burden of proof is not on an applicant for bail and that the appellant is entitled to bail based on the material facts placed before the court. Respondent filed a notice of preliminary objection to the appeal praying for its dismissal.