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