GODWIN JOSIAH V. THE STATE

K. ESO, JSC (Delivering the Leading Judgment): On 1st November, 1984 when this matter came before the Court, I allowed the appeal of the appellant, set aside the judgment of the High Court of Bendel State sitting at Ogwashi-Uku and the Court of Appeal, and ordered a retrial by the High Court of Bendel State sitting in Benin City. I will now give my reasons for the course I took and the orders I made.

Let me first state the facts of the case that are relevant to the point of law that have arisen here. The appellant, Godwin Josiah, was one of three prisoners arraigned before the High Court of Bendel State sitting at Ogwashi-Uku.

At the end of the prosecution case, two of the prisoners were discharged by the court and the appellant was the only one left to face trial. The case was, at that stage, adjourned for further hearing till another date. It is pertinent at this stage to observe that throughout the trial, that is from the beginning to the end, the appellant was not represented by…