CRIMINAL PROCEDURE — Defence — Accused Resting Case on Prosecution — Legal Effect
Principle Statement
Where an accused rests his case on that of the prosecution, the implication is that he accepts that the evidence against him is exactly as stated by the prosecution.
Ratio Decidendi (Source)
Per Mahmud Mohammed, JSC, in Adekunle v. State (2006) NLC-123-52-2002(SC) at p. 14; Paras A–C.
"With the overwhelming evidence on record against the appellant from the only two witnesses who testified for the prosecution in proving all the ingredients of the offence of murder against the appellant, his chances of success were compounded by his resting his case on that of the Prosecution, the implication of which is that he is presumed to have accepted that the evidence against him is exactly as stated by the Prosecution."
Explanation / Scope
Resting a case on the prosecution means accepting the prosecution’s evidence as presented. The principle applies to criminal procedure.
