Court: Medical report dated 6th March, 2015 received in evidence and marked
Exhibit P5. "
Again, the appellant himself cross-examined the PW4 at pages 59 60 of the
record of appeal. And when PW5 gave evidence on same date, she was crossexamined personally by the appellant.
I discovered and it is apparent, ex facie from the record of appeal, that right from
24/6/2016 when PW3 gave evidence and the appellants counsel A. S. Enyi, was
absent from the Court proceedings, without the courtesy of writing to the Court,
explaining his absence from Court, the appellant never prayed/asked for an
adjournment on account of the absence of his counsel from Court. He, indeed
conducted the case from that date through the subsequent days of the trial
proceedings to the end, for and by himself. He never asked for an adjournment
which was refused by the Court below.
Now, Section 36 (6)(d) of the 1999 Constitution of the Federal Republic of Nigeria,
as amended, provides, inter alia:
36.(6) - Every person who is charged with a criminal offence shall be entitled to
(d) examine, in person or by his legal practitioner, the witness called by the
prosecution before any Court or Tribunal and obtain the attendance and carry out
the examination of witnesses to testify on his behalf before the Court or Tribunal
on the same conditions as those applying to the witnesses called by the
prosecution......
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