CHARLES CHIWENDU ODEDO V INDEPENDENT NATIONAL ELECTORAL COMMISSION
May 28, 2025OTHNIEL SHEKSE V VICTOR PLANKSHAK & ORS
May 28, 2025Legalpedia Citation: (2008) Legalpedia (SC) 11211
In the Supreme Court of Nigeria
Fri Jul 11, 2008
Suit Number: SC. 110/2006
CORAM
DAHIRU MUSDAPHER) JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN,(Lead Judgment), JUSTICE ,SUPREME COURT
MUHAMMAD MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
PARTIES
EMEKA EKWUNUGO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged for obtaining money under false pretenses. After the examination of prosecution’s witnesses, he moved a no case submission. The trial court rather than delivering a ruling, delivered a judgment, discharged and acquitted the appellant ?
HELD
The court held that there was sufficient evidence to support a prima facie case against the appellant and the trial court was wrong to have evaluated the evidence given at the stage no case submission. ?
ISSUES
Whether from the evidence led before the trial court there was enough evidence upon which the court below had held as it did that there was a prima facie case against the appellant for which he had to stand trial and if the fact that the trial Judge had written a judgment instead of a ruling in the matter went to any issue and or had any material effect on the matter.
RATIONES DECIDENDI
CASES CITED
1. Ajibaye v. The State (1995) 8 NWLR (Pt. 414) 408; 2. Ajidagba v. Police (1958) 3 F.S.C. 53. Ibeziako v. Commissioner of Police (1963) 1 SCNLR 99; 4. Owonikoko v. The State (1990) 7 NWLR (Pt. 162) 381 5. Adeyemi v. The State (1992) 6 NWLR (Pt. 195) 1
STATUTES REFERRED TO
None.
