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AKPATA, J.S.C. (Delivering the Leading Judgment): On Thursday the 4th day of October, 1990, the appeal of Donatus Ndu against his conviction and sentence to death was dismissed by me. I indicated then that I would give my reasons for the dismissal of the appeal today. I now proceed to do so.
It is generally accepted that the hearing of addresses from counsel before delivery of judgment is an important exercise in judicial proceedings in our courts. The entire proceedings may be declared a nullity if a counsel is denied the right to address the court at the close of evidence. The main issue that calls for a decision in this appeal is whether the refusal by the trial court to grant counsel adjournment to enable him prepare his address is necessarily a denial of his right of address, if by the refusal counsel could not address the court.
The appellant, Donatus Ndu, was charged upon an information with the murder of one Jemilatu Shoetan, a girl. The offence punishable under section 319 of…