Judgment
UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): By a Charge dated 8/4/2014, the Respondent was charged on 14 count charges bordering on stealing and obtaining by false pretence. See pages 3-7 of the record.
That the Respondent had under false pretence contrary to Section 419 and stealing contrary to Section 390(9) of the Criminal Code Law of Ogun State obtained and stole varying sums of money ranging from N6,489,000.00 (Six Million, Four Hundred and Eighty-Nine Thousand Naira) to N121,000.00 (One Hundred and Twenty One Thousand Naira) from persons within the jurisdiction of the trial Court.
At the trial, out of the 8 witnesses listed, 5 testified while the Respondent gave his lone evidence. On 20/11/2015, during the trial, slated for final oral address, the Respondent was reported sick by his Counsel to the Court. However, despite the information, the trial Court directed that final oral address be taken in the absence of the Respondent against the provision of Section 210 of the Ogun State Criminal Procedure Law, 2006. See page 71 of the record. Judgment was delivered on 1/12/2015, wherein the Respondent was convicted and sentenced to 7 years imprisonment.
Dissatisfied, the Respondent appealed to the lower Court, Ibadan Division, which set aside the trial Court’s judgment, quashed the conviction and sentence of the Respondent. Miffed, the Appellant has now appealed against the judgment of the lower Court, seeking for determination: 1. Whether the learned Justices of the Court of Appeal, Ibadan division were right when they held that the absence (intentional) of the accused person in Court on a date meant for Counsel addresses vitiated the entire proceedings. 2.
Whether the learned Justices of the Court of Appeal, Ibadan division were right when they held that the decision in STATE V. LAWAL (2013) 7 NWLR (PT.1354) @ PP.565 was on all fours with the circumstances in this case.
The Respondent however formulated his issue, which I shall adopt to consider this appeal: Taking into consideration the settled fact that the Respondent herein was not in Court on 20th November, 2015 when counsel’s address was conducted by the trial Court, can it be legally contended that the Honourable Court below is not bound by the pronouncement of this Honourable Court in STATE V. LAWAL (2013) 7 NWLR (PT.1354) AT 568 such that the Honourable Court below ought to have acted otherwise.
