CRIMINAL PROCEDURE — No Case Submission — Trial De Novo — Effect of Successful Appeal Against Rejection of No Case Submission
Principle Statement
If the Supreme Court sustains a no case submission and discharges the accused, the accused can successfully raise a plea of autrefois acquit to terminate any trial de novo ordered by a lower court.
Ratio Decidendi (Source)
Per Tabai, JSC, in Mohammed v. State (2007) NLC-123-147-2005(SC) at p. 3; Paras A–E.
"If this Court sustains the no case submission and substitutes therewith a ruling discharging the Appellant he can no longer be tried de novo by Ogunmekun J or any other Judge of the High Court of Lagos State. A plea of autrefois acquit would then be successfully raised to terminate the trial de novo."
Explanation / Scope
A successful appeal against a rejection of a no case submission results in a final discharge of the accused. That discharge is an acquittal for all purposes. If the lower court later orders a trial de novo (a fresh trial) for any reason, the accused can plead autrefois acquit—that he has already been acquitted of the same offence. This bars the fresh trial. The principle upholds the constitutional protection against double jeopardy and ensures that the State cannot re-litigate a case after failing to establish a prima facie case.
