“….failure to comply with Section 287(1)(a) of the Criminal Procedure Act, although an irregularity, does not render the trial null; the effect of such failure must depend on the circumstances of the particular case, and the appellate Court is at liberty to allow the appeal and order an acquittal or a retrial, or dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.”

Per CHARLES DADI ONYEAMA, JSC in EME V. THE STATE (1964) LCER-327(SC) (P. 10, Paras B – C) #