NGWUTA JCA (Delivering the Lead Judgment): On 3 March 2006, the two appellants were charged with murder contrary to section 319(1) of the Criminal Code, Cap. 31, Vol. Laws of Cross River State of Nigeria, before the High Court of Justice, Cross River State, holden at Obudu. Each appellant pleaded not guilty to the charge. The prosecution fielded six witnesses and rested its case on 2 May 2006. On the application of learned counsel for the appellants, Mr. Idom- Morphy, the case was adjourned to 30 May 2006 for defence to open. On 30 May 2006, Mr. Idom-Morphy wrote to excuse his absence and the case was adjourned to the two dates, 5th and 7 June 2006 suggested by the defence counsel. On 5 June 2006, the defence counsel was in court but applied for adjournment on grounds of ill-health. The case was adjourned to 4 June 2006 for defence. On 4 June 2006, Mr. Idom-Morphy informed the court that the appellants debriefed him and employed the services of Mr. Ojua.
After a series of adjournment…