INUSA SAIDU V. THE STATE

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The appellant was first arraigned before Nnaemeka-Agu, J., sitting at Onitsha High Court on a charge of murder of Jeremiah Godwin Ufondu. Nnaemeka-Agu, J., heard evidence from 8 prosecution witnesses and three defence witnesses including the accused persons on 15/2/77 to 17/6/77. He also heard a part of the address of defence counsel before adjourning on the 17/6/77 for the address to continue on 5/8/77. Before the adjourned date, Nnaemeka-Agu, J., was appointed a Justice of the Federal Court of Appeal and lost jurisdiction to continue the hearing to judgment. Thereafter, the appellant was then arraigned before Nwokedi, J., for trial de novo on the same information. Before Nwokedi, J., 7 witnesses called by the prosecution testified while the appellant alone testified in his own defence. Counsel for the defence and counsel for the prosecution addressed the court before Nwokedi, J., delivered a considered judgment on 22/12/78 whe…