ALHAJI LAWWANI ZAKARI v. INSPECTOR-GENERAL OF POLICE & ANOR
June 26, 2025EFUNWAPE OKULATE & ORS VS GBADAMOSI AWOSANYA & ORS
June 26, 2025Legalpedia Citation: (2000) Legalpedia (SC) 50748
In the Supreme Court of Nigeria
Mon Jan 24, 2000
Suit Number: SC. 69/1999
CORAM
S.O. UWAIFO JUSTICE, SUPREME COURT
E.O. AYOOLA JUSTICE, SUPREME COURT
PARTIES
FIDELIS UBANATU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was arraigned on a two count charge in the Warri Magistrate’s Court, Delta State for threatening to kill which is section 323 Of the Criminal Code, Cap, 48, Vol. 11, Laws of defunct Bendel State of Nigeria, 1976 as applicable in Delta State.
HELD
That a no case submission was ought to have been upheld by the courts below and the accused was discharged and acquitted
ISSUES
1. Whether the essential ingredients of the offence contained in Section 323 of the Criminal Code applicable in Delta State were exhaustively enunciated by the Court of Appeal.2. Whether the ingredients of actus reus and mens rea are not embedded in Section 323 of the Criminal Code applicable in Delta State or in other words, whether section 323 of the Criminal Code under consideration was one of strict liability.
RATIONES DECIDENDI
MEANING OF “PRIMA FACIE”
On the face of it, “suggests that the evidence produced so far indicates that there is something worth looking at. – Per Emanuel Obioma Ogwuegbu, JSC
WHEN A NO CASE SUBMISSION CAN BE MADE
The circumstances where a no case to answer can properly be made and upheld are as follows:
(a) When there has been no evidence in the alleged offence;
(b) when the evidence adduced by the prosecution has been so discredited as a result of cross examination or is so manifestly unreliable that no reasonable tribunal could safely convict on it- Per Emanuel Obioma Ogwuegbu, JSC
The prosecution could not be said to have made out a prima facie case requiring any explanation from the appellant.- Per Emanuel Obioma Ogwuegbu, JSC
CASES CITED
1. Ibeziako v Commissioner of Police (1963) 1 All N.LR612. Atano v Attorney-General, Bendel State (1988) 2 NWLR. (Pt.75) 2013. Ajidagba & 4 Ors. v Inspector General of Police (1958) 3 FSC.5 4. Ikomi v. The State (1986)3 N.W.L.R.(Pt. 28)340 at 366
STATUTES REFERRED TO
NONE
