CORAM
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
JOSEPH SHAGBAOR IKYEGH JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE COURT OF APPEAL
JOSEPH SHAGBAOR IKYEGH JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL
JOSEPH SHAGBAOR IKYEGH JUSTICE COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE COURT OF APPEAL
PARTIES
TONY AZUBUIKE
APPELLANTS
FEDERAL REPUBLIC OF NIGERIA
RESPONDENTS
AREA(S) OF LAW
EVIDENCE, CRIMINAL LAW AND PROCEDURE
SUMMARY OF FACTS
The Appellant along with five others were arraigned before the Lagos State High Court on a two count charge for conspiracy to steal contrary to Section 516 of the Criminal Code Cap C17 Vol. 2, Laws of Lagos State of Nigeria, 2003, stealing contrary to Section 380 (8) (b) of the Criminal Code, Cap C17 Vol.2, Laws of Lagos State of Nigeria, 2003. It was alleged that the accused persons stole 21,400 bags of sugar valued at N96, 000,000.00(Ninety Six Million Naira). At the close of the Prosecution’s case, the Appellant made a no case submission which was dismissed by the court and the Appellant was called upon to enter his defence. Aggrieved by the trial court’s ruling, the Appellant has appealed to this court.
HELD
Appeal Dismissed
ISSUES
Whether from the totality of the prosecution’s evidence in support of the charges against the Appellant, a case is made out against him sufficiently to require him to make a defence.
RATIONES DECIDENDI
NO CASE SUBMISSION- MEANING OF NO CASE SUBMISSION AND CIRCUMSTANCES A NO CASE SUBMISSION MAY BE MADE
“The term “No case submission” was defined by the Supreme Court in several cases, one of such is the case of AJIBOYE V THE STATE (1995) 9 SCNJ 242 also reported in (1998) 1 ALL CRIMINAL LAW REPORTS 355 @ 303.
The Court defined it as follows:-
The meaning of a submission that there is no case for an accused person to answer is that there is no evidence on which, even if the Court believes it, it could convict. The question whether or not the Court does believe the evidence does not arise, nor is the credibility for the witnesses in issue at this stage.
The Court went further to set the circumstances under which a no case submission can be made and these are:-
1. When there has been no evidence to prove an essential elements in the alleged offence;
2. 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.
“The Court in the case of ONAGORUWA vs THE STATE (1998) 1 ALL CRIMINAL LAW REPORTS 435 AT 441 described what the term connotes and what it calls into question. It said thus:-
No case submission means what it says but it is that from the evidence adduced by the prosecution, the accused has no case to answer and should not therefore be called to defend himself. By a no case submission the accused submits that the prosecution has not made a prima facie case against him that he should not be made to face the ordeal of defending himself.” – Per NIMPAR, J.C.A.
CASES CITED
NONE
STATUTES REFERRED TO
Administration of Criminal Justice Law 2011Criminal Code, Cap C17 Vol.2, Laws of Lagos State of Nigeria, 2003.