The Applicant is one of four persons standing trial in the High Court of Lagos State on an information containing four counts charging him and three others in the first and second counts, respectively, with conspiracy to commit murder and murder contrary, respectively, to sections 324 and 319 (1) of the Criminal Code, Cap 32 Laws of Lagos state, 1994; and, charging the Applicant alone in the third and fourth counts with being accessory after the fact to murder, contrary to section 322 of the said code.

By a motion on notice dated 10th December, 1999 said to be brought pursuant to sections 167, 340 (3) and 221 (4) of the Criminal Procedure Law, Cap 33 Laws of Lagos State and under the inherent jurisdiction of the court, the Applicant sought an order quashing the information as regards him on the grounds that the proof of evidence did not disclose prima facie case against him and that the entire information was an abuse of process. On 1st February, 2000 the trial judge, Kekere-Ekun, J., dismissed the application. The Appeal of the Applicant to the Court of Appeal from that decision was itself dismissed on 11th December, 2000. Now pending before us is an appeal from the decision of the Court of Appeal.

In the meantime the Applicant seeks an order admitting him to bail pending the determination of that appeal on the ground of exceptional circumstances constituted by the facts, as stated in the motion paper that: