There are two options open to this court. 1. to remit the case to the trial court to be heard de novo by another judge, or 2. for this court to put itself in the shoes of the trial court and do what that court ought to have done after hearing arguments on the admissibility of both letters. It would be wrong to make an order of retrial if such an order would give the party that lost an opportunity a second time to prove what he failed to prove. A retrial should not be made where the plaintiff fails to prove his case and there is no substantial irregularity apparent on the record. See Thompson v. Arowolo (2003) 7 NWLR Pt.818 P.163 Solomon v. Magaji (1982) 11 SC. P.1. Wassah & Ors. v. Kara & Ors. (2014) – SC.309/2001
HE IS NOT ON TRIAL FOR THAT
The Appellant himself testified that he was a narcotics dealer, but he is not on trial for that. – Ogunwumiju JCA. Okeke v. State (2016)