that:- "the question and answer added no value to the case of the prosecution." It is the contention of the learned counsel for the appellant that the Lower Court having held that the learned trial judge descended into the arena and therefore proceeded to expunge the offending question and answer session held, ought to have also held that there occurred a procedural unfairness and injustice meted to the appellant; that the Lower Court was wrong when it failed to see the miscarriage of justice, which counsel argues is contrary to Section 237 of the Criminal Procedure Code and also Section 223 of the Evidence Act. The counsel cited in support the cases of Akinfe V. The State (1988) 3 NWLR (Pt.85) 729; R. V. Igwe (1959) 5 JSC 206 and Karim V. Nigerian Army (2002) 4 NWLR (Part 758) 716. Counsel submits that in the circumstance, the question and answer worked great disadvantage to the appellant and resulted into the dismissal of his appeal. In other word' that the session resulted in a breach of the appellant's right to fair hearing and this is without regard to how well conducted the proceeding was, In summary, counsel urges that the issue should be resolved favour of the appellant and that the appeal should be allowed while the conviction and sentence of the appellant should be set aside. In response to the second issue raised, the learned counsel for the respondent submits a contrary view and argues vehemently that the question and answer session complained against did not occasion any miscarriage of justice as it did not add any value to the case of the prosecution. Counsel urged that the issue should also be resolved against the appellant.