“While I agree with the submission made by Learned counsel for the respondent that it is the prosecution who determines who to call to prove its case, where it decides not to call all the witnesses, such witnesses should be produced for the purpose of cross-examination. See: Ochiba v. State (2011) 17 NWLR (Pt. 1277) 663 at 695”.PER K.B.AKAAHS, J.S.C

LACK OF FAIR HEARING - WHETHER LACK OF FAIR HEARING CAN BE INVOKED TO INVALIDATE A HEARING

“Strictly speaking therefore he has not been denied fair hearing since the hearing is yet to start and so lack of fair hearing cannot be invoked to invalidate a hearing or trial and therefore cannot be employed to terminate the proceeding in limine. See Ndukauba v. Kolomo (2005) 4 NWLR (Pt. 9150) 411”.

PER K.B.AKAAHS, J.S.C IN

CHARLES IGWE V THE STATE

         Legalpedia Electronic Citation: LER [2018]SC. 715/2015

Suit Number: SC. 715/2015