LEGAL PRINCIPLE: CRIMINAL PROCEDURE — No-Case Submission — Court Should Be Brief and Avoid Observations on Facts
PRINCIPLE STATEMENT
While it is not the aim to discourage a judge from discussing matters of interest, it is wiser to be brief and make no observations on the facts when ruling on a submission of no case to answer, as too much said might fetter the judge's discretion at the end of the case.
RATIO DECIDENDI (SOURCE)
Per Ademola, CJN (as cited), in Ajiboye & Anor v. The State (1995) NLC-2041994(SC) at p. 8; Paras. E–F.
"Whilst it is not the aim of this Court to discourage a Judge from discussing matters of interest in his judgment, we would like to warn against ruling of inordinate length in a submission of no case to answer as too much might be said as was done in this case, which at the end of the case might fetter the Judge's discretion... It is wiser to be brief and make no observations on the facts."
EXPLANATION / SCOPE
Rulings on no-case submissions should be brief and avoid detailed observations on facts. Excessive comments may prejudice the eventual trial. The principle applies to all criminal trials. The judge should not fetter his discretion. The rule promotes fairness. The judge may express a prima facie view but should avoid conclusive findings. The court will not reverse for brevity.