[1975]DLHC415 • December 1, 1975 • High Court
OKOE vs. THE REPUBLIC
The applicant, Mr. Okoe, acting head of the Nikoi Olai family owning the Mukose Lands, was charged with forcible entry and causing damage to property. He was remanded in custody after pleading not guilty. The applicant sought bail citing his age (60 years), deteriorating health, and willingness to provide substantial sureties. The Republic opposed bail, alleging the applicant was likely to commit further offences, had a pending appeal in a similar case, and posed a danger to society due to recent violent acts in the country.
read moreJUDGMENT OF TAYLOR J. On 25 November 1975, I granted this application for bail, but in view of the apparently impressive arguments advanced by counsel very vehemently against the grant, I decided to reserve the full reasons for my decision today. I did so also because it seems to me that the principles governing the court’s discretionary power to grant bail before trial have hitherto received little or no attention by our courts, and if I had attempted to give any reason it would have been most perfunctory. I think the matter deserves a considered ruling for the guidance of the courts in the lower hierarchy of our judiciary; for it seems to me that the bail power is now being used by inferior tribunals in a way contrary to the whole philosophy on which bail is founded. I have since granting the application examined many of our court records and in case after case the decision to grant bail has merely followed a formula typical of which is this random example from the decis.....