LEGAL PRINCIPLE: CRIMINAL PROCEDURE — No-Case Submission — Credibility of Witnesses Not in Issue at This Stage
PRINCIPLE STATEMENT
The meaning of a submission that there is no case for an accused person to answer is that there is no evidence on which, even if the court believes it, it could convict. The question whether the court does believe the evidence does not arise, nor is the credibility of the witness in issue at this stage.
RATIO DECIDENDI (SOURCE)
Per Hubbard, J. (as cited), in Ajiboye & Anor v. The State (1995) NLC-2041994(SC) at pp. 4–5; Paras. E–A.
"The meaning of a submission that there is no case for an accused person to answer is that there is no evidence on which, even if the court believes it, it could convict. The question whether or not the court does believe the evidence does not arise, nor is the credibility for the witness in issue at this stage."
EXPLANATION / SCOPE
At the no-case submission stage, the court assumes the prosecution’s evidence is true. Credibility is not assessed. The principle applies to all criminal trials. The court considers whether the evidence, if believed, could support a conviction. The rule protects the accused from being called to answer where there is no evidence. The court will not weigh credibility at this stage.