OLATAWURA, J.S.C. (Delivering the Leading Judgment): The main issue in this appeal is principally the consequential order to make when a trial Judge fails to adhere strictly to the provisions of Section 215 of the Criminal Procedure Law, Cap. 49, Laws of the Bendel State of Nigeria. It is for these reasons that the appellant has formulated two related issues. I say principally because the decisions of this court in the interpretation of Section 215 of the Criminal Procedure law are now many. Some of these will be referred to in this judgment. The issues formulated are as follows:
"1. Are the trial, conviction, and sentence passed on the appellant a nullity, in view of the failure of the learned trial Judge to comply with the express mandatory provisions of Section 215 of the Criminal Procedure Law, Cap. 49, Laws of the Bendel State of Nigeria, as well as Section 33(6) (a) of the Constitution of the Federal Republic of Nigeria, 1979 as amended?
2. In the event that it is held that the …