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.
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