UFUOMA PAUL ETO & THE STATE & ORS. (2007) LCN/2617(CA) In The Court of Appeal of Nigeria On Friday, the 13th day of July, 2007 CA/B/179/2005 RATIOS
CRIMINAL LAW AND PROCEDURE – NO CASE SUBMISSION: WHETHER THE EVIDENCE ESTABLISHING A PRIMA FACIE CASE IS SUCH AS WOULD GROUND A CONVICTION
“Let me say at this juncture that the Respondents argument had gone beyond what is expected in a submission of no case as he argued that the case had been proved beyond reasonable doubt and urging it on this court to convict and sentence the appellant. At this stage proof beyond reasonable doubt is not the standard of proof.
See CHIANUGO V. THE STATE (2002) 2 NWLR (PT.750) 225 at 238, paras C-E, per Aderemi, JCA who stated the principle of law thus: “It must however be noted that the evidence establishing a prima facie case is not to be such as would ground a conviction. Rather, it only means that the evidence led by the prosecution has so covered all the essential element of the alleged offence and it remains uncontradicted and not discredited through cross-examination a reasonable tribunal may justifiably convict on it, and therefore some explanation is required from the accused.” PER GEORGE OLADEINDE SHOREMI J.C.A
DEFINITION OF WORDS – PRIMA FACIE: WHAT DOES A PRIMA FACIE CASE MEANS ?
“A prima facie case means there is ground for proceedings. It also means a case in which there is some evidence in support of a charge or allegation made which will stand unless it is displaced.
EKPO V. STATE (2001) 7 NWLR Pt 712, 292.
In Osborn’s Concise Law Dictionary 8th Ed. by Rutterford and B one at page 259 the expression “Prima facie case” is defined as "a case in which there is evidence which will suffice to support the allegation made in it and which will stand unless there is evidence to rebut the allegation. When a case is being heard in court, the party on whom the burden of proof rests must make out a prima facie case otherwise the other party will be able to submit that there is no case to answer and if he is successful the case will be dismissed."
A prima facie case is “a case which has preceded upon sufficient proof to that stage where it will support finding if evidence to contrary is disregarded” PER GEORGE OLADEINDE SHOREMI J.C.A
COURT – DUTY OF THE COURT: DUTY OF THE COURT WHEN EVALUATING THE PROSECUTION’S EVIDENCE.
“At the close of the prosecution’s case a trial court should consider whether these is evidence which will suffice to support the allegation made in the charge and whether such evidence will stand unless the accused produces no evidence to rebut it if at the close of the case for the prosecution there is no proof of an essential element in the said charge and a submission of no case is made a trial court ought to uphold the submission.
See UBANATU V. COP (2000) 2 NWLR Pt 643” PER GEORGE OLADEINDE SHOREMI J.C.A
CRIMINAL LAW AND PROCEDURE – NO CASE SUBMISSION: CIRCUMSTANCE WHERE NO CASE SUBMISSION CAN BE PROPERLY MADE AND UPHELD.
“It has been clearly stated in decided cases that a no case submission to answer may be properly made and upheld in the following circumstance: (a) When there has been no evidence to prove an essential element in the alleged offence either directly, circumstantially or inferentially, or (b) When evidence adduced by the prosecution has been so discredited as a result of cross examination or is so manifestly unreliable that no reasonable tribunal can safely convict on it.
ADEYEMI V. THE STATE 1991 6 NWLR Pt 195 1; OYEBOLA V. STATE 1995 8 NWLR Pt 414 at 412; ABOGEDE V. STATE 1996 5 NWLR Pt 448; 270.
In AJIDAGBA V. IGP 3 FSC 5 (A locus classicus) it was held that a decision to discharge an accused person on the ground that prima facie case had not been made against him must be a decision upon which a calm view of the whole evidence offered by the prosecution a rational understanding will suggest the conscientious hesitation of a mind that is not influenced by party preoccupied by prejudice on subdued by fear. A prima facie case is not the same as proof which comes later when the court has to find whether the accused is guilty or not.” PER GEORGE OLADEINDE SHOREMI J.C.A
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