Counsel contended that having regard to the facts and circumstances of this case, the appellants right to fair hearing was not breached. PW3 was one Bola Ojo a Police Sergeant with Force No. 024045 attached to Abraka Divisional Headquarters and she testified in the trial Court on the 10th day of March, 2016. On that day, she tendered in evidence the statement made on 06/09/2014 by the appellant and it was admitted in evidence as exhibit B. She also tendered a Medical report made on 6 06/09/2014 by Dr. P.C. Okeru and it was admitted as exhibit C. See pages 25 26 of the record of appeal. After her evidence-in-chief, Omotayo Ibrahim, Esq; learned counsel for the appellant commenced his cross-examination of PW3 and after sometime he stated as follows: At this stage, I humbly apply for an adjournment to enable the PW3 produce the blood stained cloth because it is very vital to our case. See page 26 of the record of appeal. The trial Court ruled on page 27 of the record of appeal as follows: COURT: The law is very clear in Section 167(d) Evidence Act on the consequence of a failure to produce material evidence. However, I will grant the adjournment so that the defence counsel will have the opportunity to receive the blood stained cloth, whatever it is worth. The matter is adjourned to 14/4/2016 for further hearing. The record of proceedings on the 14th day of April, 2016 is as follows: Accused person is present. E.J. Odogwu (Mrs) for the State. Omotayo Ibrahim Esq. for the accused. ODOGWU (MRS): My Lord, the PW3 who is to be further