CRIMINAL PROCEDURE — No-Case Submission — Grounds for Upholding
Ratio Decidendi
Per Oguntade, JSC (adopting Udoma, JSC in Daboh & Anor v. State), in Tongo & Anor v. COP (2007) NLC-123-105-2000(SC) at pp. 8–9; Paras A–C:
"It is a well-known rule of criminal practice, that in a criminal trial at the close of the case for the prosecution, a submission of no prima facie case to answer made on behalf of an accused person postulates one of two things or both of them at once. Firstly, such a submission postulates that there has been throughout the trial no legally admissible evidence at all against the accused person on behalf of whom the submission has been made linking him in any way with the commission of the offence with which he has been charged, which would necessitate his being called upon for his defence. Secondly, that whatever evidence there was which might have linked the accused person with the offence has been so discredited that no reasonable court can be called upon to act on it as establishing criminal guilt in the accused person concerned."
Explanation / Scope
This principle establishes the two grounds for upholding a no-case submission. First, where there is no legally admissible evidence linking the accused to the offence. Second, where the evidence linking the accused has been so discredited that no reasonable court can act on it. The principle ensures that the accused is not called upon to enter a defence where the prosecution has failed to establish a prima facie case. It applies at the close of the prosecution’s case. The court must consider the totality of the evidence. The principle protects the accused from being compelled to testify where the prosecution’s case is legally insufficient. It is a fundamental safeguard in criminal procedure.