LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Prima Facie Case — At Leave to Prefer Charge Stage — Ground for Proceeding Not Sufficient Without Link
PRINCIPLE STATEMENT
No citizen should be put to the rigours of trial in a criminal proceeding unless available evidence points, prima facie, to his complicity in the commission of a crime.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC (adopting Ikomi v. State), in Ohwovoriole v. FRN & Ors (2003) NLC-3922001(SC) at p. 11; Paras A–C.
"No citizen should be put to the rigours of trial, in a criminal proceeding, unless available evidence points, prima facie, to his complicity in the commission of a crime."
EXPLANATION / SCOPE
A prima facie case requires evidence of complicity. The principle applies to criminal procedure. Accused persons should not face trial on mere suspicion. The rule protects against harassment. The state must present sufficient evidence. The principle is well-established.
