CRIMINAL PROCEDURE — No-Case Submission — Prima Facie Case — Definition and Test
Principle Statement
What is meant by a prima facie case? It only means that there is ground for proceeding. But a prima facie case is not the same as proof which comes later when the court has to find whether the accused is guilty or not guilty. The 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.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Tongo & Anor v. COP (2007) NLC-123-105-2000(SC) at p. 7; Paras A–D.
"What is meant by a prima facie case? It only means that there is ground for proceeding. But a prima facie case is not the same as proof which comes later when the court has to find whether the accused is guilty or not guilty. The 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."
Explanation / Scope
This principle defines a prima facie case in criminal proceedings. A prima facie case means there is ground for proceeding—evidence that if uncontradicted and believed would be sufficient to prove the case against the accused. It is not proof of guilt; that comes later after the defence is heard. The principle applies at the close of the prosecution’s case when considering a no-case submission. The court does not determine guilt, only whether there is evidence on which a reasonable tribunal could convict. The principle ensures the accused is only called upon to defend where there is a proper evidential basis. It balances the rights of the accused with the interests of justice.
