LEGAL PRINCIPLE: CIVIL PROCEDURE — No Case Submission — Election to Call No Evidence
PRINCIPLE STATEMENT
For a defendant to lose his right to call evidence when he makes a no case submission, there must be no doubt as to the final course he had chosen. The judge will need to be satisfied of a clear intention not to call evidence.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mobil Producing Nigeria Unlimited & Ors v. Monokpo & Anor & Ors (2003) NLC-3202001(SC) at pp. 20–21; Paras D–A.
"For a defendant to lose his right to call evidence when he makes a no case submission, there must be no doubt as to the final course he had chosen, in whatever manner he might have done that. The Judge will need to be satisfied of a clear intention not to call evidence."
EXPLANATION / SCOPE
A no case submission does not automatically waive the right to call evidence. The principle applies to civil procedure. The defendant must clearly indicate intention. The rule protects the defendant’s rights. The judge must be satisfied of the election. The principle is well-established.