CRIMINAL PROCEDURE — No Case Submission — Discharge Following Successful Submission — Discharge Tantamount to Acquittal
Principle Statement
A discharge granted to an accused person following a successful no case submission under section 286 of the Criminal Procedure Act is tantamount to an acquittal. Consequently, the accused cannot be tried again for the same offence.
Ratio Decidendi (Source)
Per Tabai, JSC, in Mohammed v. State (2007) NLC-123-147-2005(SC) at p. 3; Paras A–E. View Source
"A discharge following a no case submission under section 286 of the Criminal Procedure Act has been held to be tantamount to an acquittal."
Explanation / Scope
A no case submission is made at the close of the prosecution’s case, arguing that the evidence does not establish a prima facie case. If the trial court upholds the submission and discharges the accused, that discharge operates as an acquittal. The accused can therefore raise a plea of autrefois acquit to bar any subsequent trial on the same charges. This protects the accused from double jeopardy and gives finality to the proceedings. The principle underscores that the State must present a credible case at the first instance.
