JUDGMENT 
This appeal has been pending since March 2016. I have given the opportunity to the Applicant 
and Respondent to file their submissions or argue the motion on several occasions to no avail. 
Neither the counsel for the appellant nor the Respondent has filed anything. I have however 
perused the records of appeal and l am satisfied that this is an appeal that could be determined 
summarily. It is clear from the records laid before me that the Circuit Court Judge erred when 
at the close of the prosecution’s case, he called on the appellant to open his defence. I am of 
the opinion that, at the close of case for the prosecution, no prima facie case was made out 
against the appellant. Indeed, the learned trial judge rightly said that the evidence turned out to 
be an oath against oath. The law is that in such cases, the benefit should inure to the the accused. 
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The trial judge having not done that but went ahead to call on the applicant to open his defence 
and to extract incriminating evidence from him, infact insisting that he proved his innocence 
and thus convicting him on the basis of that evidence occasioned a gross miscarriage of justice 
to the applicant. 
In the circumstances, I will set aside the conviction and sentence of the applicant and substitute 
same with an acquittal and discharge. Appeal allowed accordingly.   
(SGD) 
JUSTIN K. DORGU, J. 
JUSTICE OF THE HIGH COURT   