The Judge also said the ACJA which was an existing law made pursuant to the constitution of Federal Republic of Nigeria guides proceedings in criminal trial such as the one being faced by the second respondent. He noted by provision of section 396 (2) of ACJA, all objections during trial shall be resolved at the end of the proceedings when judgement is delivered.

The Judge also noted that none of the parties in court cited any provision that section 396 (2) is in conflict with.

“Objections should be heard at the end of the proceedings and rulings delivered at the time of delivery of judgment,” the Judge said as he ordered the Registrar to call the first defence witness for cross examination by the second defendant counsel.

But Onwugbufor did not give up as he asked the court for more clarification on when his objection will be heard. However, Justice Abang said the court had already ruled that the motion will be heard at the end of the trial.

When Onwugbufor will not budge, he called on Slyvester Tahir, the Prosecution counsel to advise the court on the way forward.

The Prosecution counsel advised the court to discharge the witness if the counsel to the second defendant was not ready to cross examine him.

But the first defence counsel said the issue of discharge of the witness can only come up if the lawyer to the second defendant said he will not cross examine him.

Seeing that he may lose that opportunity, Onwugbufor also said he has not indicated that the will not cross examine the witness: “I have only sought clarification and it is for the court to refuse to clarify or clarify. I am ready to go on, I only ask for clarifications.”

Justice Abang said since he has already delivered ruling on the date the motion will be heard, he cannot go back on it. “The issue decided by the court cannot be revisited by the Court. The second defendant counsel is at liberty to cross examine the defence witness now,” at whIch point Onwugbufor stood up to begin the cross examination of the witness.