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CHARLES C. ACHOR vs THE STATE

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CHARLES C. ACHOR vs THE STATE

Legalpedia Citation: (2022-04) Legalpedia 76696 (CA)

In the Court of Appeal

Holden at Calabar

Tue Mar 8, 2022

Suit Number: CA/C/419C/2018

CORAM


MUHAMMED L. SHUAIBU, JUSTICE COURT OF APPEAL

BALKISU B. ALIYU, JUSTICE COURT OF APPEAL

SAMUEL A. BOLA, JUSTICE COURT OF APPEAL


PARTIES


CHARLES C. ACHOR

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


APPEAL, CRIMINAL LAW AND PROCEDURE, LAW OF EVIDENCE, PRACTICE AND PROCEDURE

 


SUMMARY OF FACTS

The Appellant and eight others were arraigned before the High Court of Akwa Ibom State, sitting in Uyo on 207 counts amended charge of conspiracy to defraud, stealing and falsification of account book.  Following their plea of not guilty, the matter proceeded to trial.  The prosecution called two witnesses and tendered several exhibits.  At the close of the prosecution’s case, the Appellant like others made a no case submission.  The trial court overruled the no case submission and ordered the appellant to enter his defence.

 

Dissatisfied with the trial court’s decision, the Appellant appealed to this court upon the grant of leave to do so by the trial court.

 

 


HELD


Appeal Dismissed

 

 


ISSUES


 Whether from the proof of evidence before the honourable court, the trial court was right when it held that there is a prima facie case against the appellant when the lower court refused the appellant’s no case submission.

 

 


RATIONES DECIDENDI


NO CASE SUBMISSION – CIRCUMSTANCES WHEN A SUBMISSION OF NO CASE TO ANSWER MAY BE PROPERLY MADE AND UPHELD


 

“A submission of no case to answer may be properly made and upheld in the following circumstances:-

(a) When there has been no evidence to prove an essential element in the alleged offence, or

(b) Even when evidence has been adduced on the essential elements, the evidence has been so discredited as a result of cross-examination or is manifestly unreliable that no reasonable tribunal could safely on it.

See Ubanatu –V- C.O.P (2000)2 NWLR (prt. 643) 115 at 141. PER M.L.SHUAIBU, J.C.A

 

 


NO CASE SUBMISSION – GROUND ON WHICH A COURT OVERRULES A NO CASE SUBMISSION


 

“It is instructive to note that where a judge overrules a no case submission, he must be satisfied that a prima facie case is made out against the accused.  PER M.L.SHUAIBU, J.C.A

 

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


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