Where the judge upholds a no case submission, the proper order the Court would make would be an order of Discharge and Acquittal. STATE V. AJULUCHUKWU [2012] ALL FWLR (PT.605) 362. SECTION 286 OF ADMINISTRATIONOF CRIMINAL JUSTICE ACT 2015
Where the judge upholds a no case submission, the proper order the Court would make would be an order of Discharge and Acquittal. STATE V. AJULUCHUKWU [2012] ALL FWLR (PT.605) 362. SECTION 286 OF ADMINISTRATIONOF CRIMINAL JUSTICE ACT 2015
A prima facie case is a case in which a careful reading through the information proffered and the evidence therein being legally established through the Prosecution Witnesses to such extent that it would be clear that the burden of rebutting the allegations have been cast upon the defence, the failure to do of which would lead to the accused being convicted.
In criminal trial, a party on whom the burden lies (the prosecution), must make out a prima facie case otherwise the other party (the defence) will be able to submit that there is no case to answer, and if he is successful, the case will be dismissed and the defend, discharged and acquitted. UBANATU V. C.O.P [2000] 2 NWLR (PT. 643)115. FRN V. SARAKI (2017) HELAR; EHINDERO V. FRN (2017) HELAR
In criminal trial, at the close of the case for the prosecution, and the defence is convinced that no prima facie case has been made out for defence to answer, it may make a No Case Submission on behalf of an accused person, which means that:
There has been throughout the trial, no legally admissible evidence at all against the accused person, on behalf of whom the submission of no prima facie case has been made, linking him in any way with the commission of the offence with which he was charged, which would warrant his being called upon to give evidence for his defence.
Whatever evidence there was which might have linked the accused person with the offence has been so discredited that no reasonable Tribunal or Court can be called upon to act on it as establishing criminal guilt in the accused person concerned; and where the trial is by jury, that the case ought therefore to be withdrawn from the jury and ought not to go to them for a verdict. DABOH V. STATE (1977) 5 SC 129. SUNNY TONGO & ANOR V. COP (2007) 12 NWLR (PT.1049) 525. AMAH V. FRN (2019) HELAR; IKUFORIJI V. F.R.N. (2018) HELAR; ALEX V. F.R.N. (2018) HELAR; GEOFFERY V THE STATE (2019) HELAR
No. Proof of evidence are mere summaries of statements of witnesses to be called by the Prosecution. It is the law that they are mere pieces of evidence on which the Court cannot act without more. It is the proving of the ingredients of the charge through legal establishment of the allegations through witnesses and exhibits evidence that will cast the burden upon the defence to prove otherwise. FRN V. WABARA (2013) 5NWLR (PT. 1347) 331. AMAH V. FRN (2019) HELAR; IKUFORIJI V. F.R.N. (2018) HELAR; ALEX V. F.R.N. (2018) HELAR; GEOFFERY V THE STATE (2019) HELAR