A. O. EGHOBAMIEN V. FEDERAL MORTGAGE BANK OF NIGERIA
June 18, 2025STEPHEN LAWSON-JACK V. THE SHELL PET. DEVELOPMENT CO. OF NIGERIA LIMITED
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 10611
In the Supreme Court of Nigeria
Fri Jul 12, 2002
Suit Number: SC. 234/2001
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
PARTIES
1. OSSAI EMEDO2. CHRISTOPHER UACHUKWU3. EMEKA NWAPA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were charged for murder. The prosecution gave contradictory evidence on the basis of which they made a no case submission which was granted by the trial Judge who delivered a judgment instead of a ruling. The decision was set aside by the court of appeal.
HELD
The court allowed the appeal and held that the evidence of the prosecution witnesses up to the stage when it closed its case did not disclose the necessary minimum evidence establishing the facts of the crime charged and that delivering of a judgment instead of ruling was an irregularity.
ISSUES
Whether the Court of Appeal was right to hold that a prima facie case had been established against the appellants
RATIONES DECIDENDI
WHEN A PLEA OF NO CASE SUBMISSION WILL BE UPHELD
A submission of no case to answer may properly be upheld
(a) when there has been no evidence to prove an essential element in the alleged offence and
(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 – Mohammed J.S.C.
CASES CITED
Ibezioko v. C.O.P. (1963) 1 All NLR 61Stoneley v. Coleman (1974) Crim L.R. 254D.C Ogucha v. The Queen (1959) 4 F.S.C. 64Bello v. The State (1967) N.M.L.R.I
STATUTES REFERRED TO
NONE
