GODWIN NSIEGE & ANOR V OBINNA MGBEMENA
June 4, 2025FEDERAL REPUBLIC OF NIGERIA V SENATOR OLAWOLE JULIUS ADEWUNMI
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 97687
In the Supreme Court of Nigeria
Fri Apr 27, 2007
Suit Number: SC. 105/2000
CORAM
CHRISTOPHER M1TCHELLCHUKWUMA-ENEH, JUSTICE, SUPREME COURT.
PARTIES
1.SUNNY TONGO
2.HELEN TONGO.
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were charged with wilfully and intentionally damaging someones block wall fence. They made a no case submission at the end of the prosecutions case without resting their case there on. The court over ruled their no case submission and they appealed.
HELD
Appeal dismissed. The Supreme Court held that the prosecution had made out a prima facie case against the appellants
ISSUES
1. Whether the appellant can rely on the defence of Bona Fide Claim of Right (Section 23 C.C.) at the close of the Prosecution’s case.
2. Whether the evidence of the Prosecution was discredited such that no reasonable tribunal can rely on it or manifestly unreliable at the close of the prosecution’s case.
3. Whether the parameters for a prima facie case are one and the same at the consent level (Section 340 (2)(b) cpl) and at the close of the Prose-cution’s case. (Section 286cpl)
4. Whether the prosecution made out a prima facie Case
RATIONES DECIDENDI
WHEN IS A PRIMA FACIE CASE MADE
“This has been held to arise when evidence against an accused is such that if uncontradicted and if believed it will be sufficient to prove the case against the accused.” – Per Chukeuumah-Eneh, JSC.
WHEN CAN A NO CASE SUBMISSION BE MADE
“where a no case submission is made, particularly where learned counsel indicates intention not to rely on same, what is to be considered by the court is not whether the evidence produced by the prosecution against the accused is sufficient to justify conviction but whether the prosecution has made out a prima facie case requiring, at least, some explanation from the accused person as regard his conduct or otherwise.” – Per Onnoghen, JSC
CASES CITED
1. Queen v. Ojuwa (1959) 4 FSC 64
2. Ibeziako v. Commissioner of Police(1963) 1 ANLR 61
3. Ajidagba v. Inspector-General of Police(1958) SCNLR 60.
STATUTES REFERRED TO
NONE
