On 16/06/2016, the appellant was in Court but was not represented by a counsel, and the trial Court
asked him: where is your lawyer? and the appellant replied that:
I have no lawyer because my brother traveled. I want the case to be transferred.
The application for the case to be transferred was opposed by the learned counsel for the respondent
and, in a bench ruling, the trial Court refused the application. PW3 accordingly, was in the witness-box
for further cross-examination but the appellant stated as follows:
I have no questions to ask the PW3. All I want is for the matter to be transferred.
9
The trial Court then ruled and the matter proceeded as follows:
COURT: The Court is bound by its ruling on the application for transfer and is also funtus officio on that
issue.
On the 14/4/2016, the Court ordered that where the accused is unable to go on with his case, by
concluding the cross-examination of the PW3, he will be foreclosed from further cross-examing her.
It is pertinent to note that the PW3 who is in the box has informed the Court through the State; Mrs. E.J.
Odogwu that she came to Court with the blood stained clothes of the PW1 represented under crossexamination by the previous defence counsel of the accused while cross-examing her on the 14/4/16.
In view of the fact that the accused is not prepared to further cross-examine the PW3, the accused is
hereby foreclosed from further examination of the witness.
COURT: State, any re-examination?
Re-examination: Nil
MRS. ODOGWU: My Lord, this is the case for the prosecution.
COURT: The PW3 is discharged from the witness box.
COURT: In view of the fact that the accused is not represented by a legal practitioner, the Court
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