CRIMINAL PROCEDURE — No Case Submission — Evidence for Consideration — Trial Court Bound to Confine Itself to Evidence Tendered in Court
Principle Statement
In considering a no case submission, the trial court must confine itself strictly to the evidence tendered in court and tested or capable of being tested in cross-examination. Statements in the proof of evidence are not a proper basis for the court's ruling.
Ratio Decidendi (Source)
Per Tabai, JSC, in Mohammed v. State (2007) NLC-123-147-2005(SC) at p. 7; Paras A–E.
"In considering whether or not there was a prima facie case against the Appellant, the Court below was bound to confine itself to the evidence, strictly so called, tendered in court."
Explanation / Scope
The proof of evidence is a pre-trial document used for preliminary purposes, not evidence in the trial. The court’s decision on a no case submission must be based solely on the oral and documentary evidence that was formally tendered and admitted. The court cannot rely on witness statements, police reports, or other pre-trial materials. This ensures that the accused is protected from conviction based on untested or inadmissible materials. The principle is fundamental to the fairness of criminal trials.
