CRIMINAL PROCEDURE — No Case Submission — Prima Facie Case — Definition of Evidence Disclosing Prima Facie Case
Principle Statement
Evidence discloses a prima facie case if it is such that, if uncontradicted and believed, it would be sufficient to prove the case against the accused person.
Ratio Decidendi (Source)
Per Rhodes-Vivour, J (as he then was), in Mohammed v. State (2007) NLC-123-147-2005(SC) at p. 1; Paras A–E.
"Evidence discloses a prima facie case when it is such that if uncontradicted and if believed it will be sufficient to prove the case against the accused person."
Explanation / Scope
This is the classic test for a prima facie case. At the no case submission stage, the court does not weigh the evidence or assess credibility. It merely asks: assuming the prosecution’s evidence is true, is there sufficient material on which a reasonable tribunal could convict? If the answer is yes, the accused must be called upon to open his defence. If the answer is no, the accused is entitled to be discharged. The test is a low threshold, designed to filter out only the most hopeless cases.
