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ln a considered ruling detivered by this court on L-11- 2lL6,the coun
overruled the objection in respect of count 1 but upheld the o_bjection
in court 2 and quashed same.
The prosecution fielded two witnesses one of who, pwz, did not
concluded his evidence. When the PW2, the investigating officerfrom
the
on 2-5-2OL7 sought to tender statements recorded from the
Defendant, defence counsel, objected to their admissibitity on,the
EFCC,
ground that they were not voluntarily made, the court ordered
a trial
within
trial'
The investigating officer testified in the trial wlthin trial
and the Defendant testified in his defence- As
at
L2-4-2aLg when the
court was to deliver a ruling in the trial within trial, the Administration
of Criminal Justice Law had come into force in Delta State and,by its
Section 300 it abolished trial within
trial.
ln line with its provisions,
ruling was then reserved to be delivered along with the judgment in the
charge. PWz never returned to conclude his evidence in chief or nor
made himself available for cross examination. Like the pw2,
prosecuting counsel watked away from and abandoned the case. After
several fruitless adjournments for prosecuting counset to attend court,
the Defendant entered his defence and addressed the court in the
absence of prosecuting counsel.
PWl Evangelist Prince Johnson Ogadje Abotu testifierl that he
and the Defendant attended the st. James Angtican church,
warri
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