LEGAL PRINCIPLE: CRIMINAL PROCEDURE – No Case Submission – When a Prima Facie Case is Made Out
PRINCIPLE STATEMENT
A prima facie case is said to be made out where there is ground for proceeding with the case and there is ground for proceeding when the evidence before the court is such that if uncontradicted and if believed will be sufficient to prove the case against the accused.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ubanatu v. Commissioner of Police (2000) NLC-691999(SC) at p. 13; Paras E–F.
"A prima facie case is said to be made out where there is ground for proceeding with the case and there is ground for proceeding when the evidence before the court is such that if uncontradicted and if believed will be sufficient to prove the case against the accused."
EXPLANATION / SCOPE
A prima facie case exists when the evidence, taken at its highest and accepted as true, is sufficient to sustain a conviction. The court assumes the evidence is credible and uncontradicted; it does not assess weight or reliability. The threshold is whether a reasonable tribunal could convict on that evidence. If so, the accused must be called upon to answer. This test protects the accused from being forced to answer where the prosecution’s evidence, even if fully accepted, fails to establish the essential elements of the offence.