GARBA JCA (Delivering the Lead Judgment): The appellant was charged before the Chief Magistrates’ Court, Obubra, with the offences of breaking and entry of a dwelling house at night, stealing and threat of violence contrary to sections 411(2), 390(9) and 86(2) respectively, of the Criminal Code, Cap. 31, Volume 11, Laws of Cross River State, 1983. He was represented at the trial by a counsel, who was absent on one of the dates of hearing during which the Investigating Police Officer (IPO) testified, the case of the prosecution was closed, the appellant gave evidence in defence and judgment was delivered with which the appellant was dissatisfied. His unsuccessful appeal to the High Court against the said judgment of the trial Magistrate’s Court, led to the present appeal, notice and grounds of which was filed on 12 January 2011. Pursuant to an order of the court admitting the record of the appeal made on 22 March 2011, the appellant’s brief was filed on 28 March 2011 in support of th…