CRIMINAL LAW — Defences — Bona Fide Claim of Right — Availability at No-Case Submission Stage
Principle Statement
For an accused person to avail himself of that defence he has to produce evidence at the trial to establish the fact that the claim of right is: (a) Made with all honesty, and (b) Without intention to defraud. It is for the trial court to then decide whether the said defence avails the appellants particularly since a prima facie case has been made out against the appellants. It follows therefore that having regard to the particular facts of this case, the defence of bona fide claim of right made in good faith is not available to the appellants at the no case submission stage in the proceeding.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Tongo & Anor v. COP (2007) NLC-123-105-2000(SC) at p. 15; Paras A–D.
"For an accused person to avail himself of that defence he has to produce evidence at the trial to establish the fact that the claim of right is: (a) Made with all honesty, and (b) Without intention to defraud. It is for the trial court to then decide whether the said defence avails the appellants particularly since a prima facie case has been made out against the appellants. It follows therefore that having regard to the particular facts of this case, the defence of bona fide claim of right made in good faith is not available to the appellants at the no case submission stage in the proceeding."
Explanation / Scope
This principle establishes that the defence of bona fide claim of right requires evidence to establish honesty and absence of intention to defraud. The defence cannot be considered at the no-case submission stage where the prosecution has made out a prima facie case. The accused must produce evidence at trial to establish the defence. The principle applies in criminal cases involving property offences. It ensures that the defence is not used as a technical escape without substantive proof. The trial court must evaluate the evidence and determine if the defence is made out. The principle reflects the requirement that accused persons must put forward their defence properly.
