CRIMINAL PROCEDURE — No-Case Submission — Defences Consideration
Principle Statement
Both defences cannot be considered in the ruling at the stage of no case submission even moreso as the appellants have not rested their respective cases on their no-case submission.
Ratio Decidendi (Source)
Per Chukwuma-Eneh, JSC, in Tongo & Anor v. COP (2007) NLC-123-105-2000(SC) at p. 21; Paras A–C.
"Both defences cannot be considered in the ruling at the stage of no case submission even moreso as the appellants have not rested their respective cases on their no-case submission."
Explanation / Scope
This principle establishes that defences cannot be considered at the no-case submission stage. The court must first determine whether the prosecution has made out a prima facie case requiring the accused to enter their defence. Defences are matters for trial, not for ruling on a no-case submission. The principle applies where the accused has not rested their case solely on the no-case submission. It ensures that the no-case submission procedure is not used to prematurely evaluate defences. The court must only consider whether there is evidence on which a reasonable tribunal could convict. Defences are evaluated after the accused has presented their case.
