CORAM
MUHAMMED L. SHUAIBU, JUSTICE COURT OF APPEAL
BALKISU B. ALIYU, JUSTICE COURT OF APPEAL
SAMUEL A. BOLA, JUSTICE COURT OF APPEAL
PARTIES
UABOI G. AGBEBAKU
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL, COURT, CRIMINAL LAW AND PROCEDURE, JURISDICTION, LAW OF EVIDENCE, PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The Appellant and eight others were arraigned on 207 amended charge for offences of conspiracy to defraud, stealing and falsification of account at the High Court of Akwa Ibom State, sitting in Uyo. The Appellant and other co-accuseds pleaded not guilty and the matter went to trial. The prosecution called two witnesses and tendered several documentary exhibits. At the close of the prosecution’s case, the Appellant and others made a no case submission.
In a considered ruling, the court overruled the no case submission. Dissatisfied with the ruling, the Appellant appealed to the Court of Appeal through a notice of appeal.
HELD
Appeal Dismissed
ISSUES
Whether from the totality of the evidence before the court including evidence elucidated under cross-examination the prosecution made out a prima facie case requiring the appellant to enter a defence to the charge.
Where evidence is at variance with the charge it is not incumbent on the trial judge to aquit accused.
RATIONES DECIDENDI
NO CASE SUBMISSION – CIRCUMSTANCES WHERE A SUBMISSION OF A NO CASE TO ANSWER MAY BE PROPERLY MADE
“It is settled that a submission that there is no case to answer may be properly made in the following circumstances:
(a) where there has been no evidence to prove an essential elements of the offence charged,
(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.
See Ibeziaka –V- C.O.P (1963)1 ALL NLR 61, Ajidagba –V- I.G.P (1958)3 F.S.C. 5, Okoro –V- The State (1968)5 NWLR (prt.94) 255 and Adeyemi –V- The State (1991)6 NWLR (prt.195)1. PER M.L. SHUAIBU, J.C.A
PRIMA FACIE CASE – QUESTION TO BE DETERMINED WHERE A NO CASE SUBMISSION IS MADE BY AN ACCUSED PERSON
“Permit me to state for the umpteenth time that the question that comes up where a no case submission is made by an accused person is whether the prosecution made out a prima facie case requiring at least, some explanation from an accused. PER M.L. SHUAIBU, J.C.A
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available