LEGAL PRINCIPLE: CRIMINAL PROCEDURE – No Case Submission – Effect of Successful Submission
PRINCIPLE STATEMENT
It is well settled that after a successful submission of no case to answer has been made, an accused is no longer to be regarded as charged with that offence of which he was charged and must be discharged on the merits.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ubanatu v. Commissioner of Police (2000) NLC-691999(SC) at p. 14; Paras D–E.
"It is well settled that after a successful submission of no case to answer has been made, an accused is no longer to be regarded as charged with that offence of which he was charged and must be discharged on the merits."
EXPLANATION / SCOPE
A successful no-case submission results in a discharge on the merits, not merely an acquittal for technical reasons. The accused is no longer considered charged with that offence. This distinguishes discharge from mere adjournment or procedural termination. The effect is final as to that charge—the prosecution cannot later re-arrest or re-charge on the same facts. The accused is entitled to be set free without further obligation to answer the charge. This protects against double jeopardy and ensures finality in criminal proceedings.