This is an appeal against the decision of the Court of Appeal sitting in Enugu. The Appellant was arraigned before the Anambra State High Court, Eguata-Ekwulobia on 30/6/1997 on a 6-count charge of malicious damage, rioting, stealing and riotous demolition of property. According to the Appellant, after the commencement of the trial by Ezeari J, he was transferred out of the judicial division in 1999, which caused the Respondent to become lackadaisical towards prosecuting the matter thereby causing the Appellant to witness incessant transfer of the Judges assigned to hear the matter which took over 20 years without the matter being properly commenced. Consequently, the Appellant with others applied vide a motion dated 8/3/2016 for an order quashing/dismissing all the charges against him/them and discharging him/them. The Respondent's case however was that since the arraignment of the Appellant on 14/6/1999, the Appellant and his co-accused persons used all kinds of techniques including consistent absences from the criminal proceedings to frustrate the speedy trial and determination of the 6-count charge against them. The Respondent emphasized that the Appellant failed to appear for trial in over 40 occasions and requested for adjournments for over 15 times. In fact, that the High Court at some occasion issued bench warrant against one or more of the accused persons, who during the pendency of the bench warrant committed same offences against the complainants on 18/5/2013. The Ruling of the High Court disfavoured the Appellant, who appealed to the Court of Appeal. Having considered the appeal, the Court of Appeal also dismissed the appeal, hence the appeal to the Supreme Court.

UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment)

On the whole, the Court found no merit in the appeal and accordingly dismissed same.

CHIMA OKEREKE, ESQ ., with him, CHIEF F. OKEREKE-ONYERI, ESQ., and F. MONAGO, ESQ. For Appellant(s) DR. E.S.C. OBIORAH, ESQ . For Respondent(s)

BREACH OF RIGHT TO FAIR HEARING - Whether an accused person who willfully absented himself from his trial thereby causing a delay in same can complain that his right to fair hearing has been breached

BREACH OF RIGHT TO FAIR HEARING – Whether an accused person who willfully absented himself from his trial thereby causing a delay in same can complain that his right to fair hearing has been breached

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BREACH OF RIGHT TO FAIR HEARING – Whether an accused person who willfully absented himself from his trial thereby causing a delay in same can complain that his right to fair hearing has been breached

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BREACH OF RIGHT TO FAIR HEARING – Whether an accused person who willfully absented himself from his trial thereby causing a delay in same can complain that his right to fair hearing has been breached

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