conclusion therein that the appeal is devoid of merit. It has now become a
common practice for a party who has a bad case and who has nothing useful to
advocate in support of an appeal to turn to the constitutional right of fair hearing
even in a most ridiculous manner. The right to fair hearing guaranteed by Section
36(1) of the Constitution has two pillars namely audi alteram partem and nemo
judex in causa sua meaning that both sides must be given every reasonable
opportunity of being heard and no one shall be a judge in his own cause.
In the instant case, the appellant had every opportunity to defend himself and full
control of his own defence after he was abandoned by his counsel. It is the duty
of defending counsel in a criminal trial to ensure that an accused person is never
left unrepresented at any stage of his trial. See OKONOFUA & ANOR v. STATE
(1981) LPELR- 2489. Neither the prosecuting counsel nor the defending counsel
should be absent in Court without a good and substantial reason and without the
courtesy of informing the Court in writing. When Mr. A.S. Enyi recklessly
abandoned his professional duty both to the Court and the appellant, the
appellant took his own destiny into his own hand. He did not seek an
adjournment at any time due to the absence of his counsel or request for an
opportunity to engage another counsel. Having utilized every opportunity
available to him by cross-examining the prosecution witnesses and giving
evidence in his own defence, he absolutely has no reason to contend that he was
denied fair hearing. Raking up allegation of lack of fair hearing is not a magic
wand that cures every ailment of a litigant or an accused person. The contention
of the appellant that he was denied fair hearing is an abuse of that principle.
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