Under the Nigerian legal system,at the close of the case for the Prosecution i.e examination-in-chief,cross-examination, and re-examination of all witnesses for the prosecution ,the prosecution announces the conclusion of its case .It is now the turn of the defence to go into is case.
The options available to the accused person at this stage are many,and they are as follows:-
*First ,the accused person may rest his case on that of the prosecution's case.
*Secondly ,he may decide to enter his own defence by calling witnesses to rebut the prosecution's case.
*Thirdly,Invite the court to dismiss the charges and discharge the accused if in their opinion ,the evidence produced by the prosecution has not presented a "prima-facie" case against the defence.
Even in other jurisdictions like the United kingdom,same applies as during a criminal trial a defendant may submit to a Judge or Magistrate that there is no case for the defendant to answer .A No - case submission in the united kingdom is usually heard in the absence of a jury.SEE the case of R V. Galbraith(1981) WLR 1039
NO - CASE SUBMISSION
In Nigeria the concept of a "No - Case Submission" as enjoyed much notoriety especially in landmark decisions like in the cases of State V.Audu(1972)6 Sc 28.,Daboh V. State(1979) Sc 197.,and Onagoruwa V.State(1993)7 NWLR (Pt 303). Section 286 of the Criminal Procedure Act ;Section 191(3) and (5) of the Criminal Procedure Code also provides thus that:-
"If at the close of evidence in support of the charge,
it appears to the court that a case is not made out
against the defendant sufficiently to require him to
make a defence ,the court shall,as to that particular
charge ,discharge him".
Thus ,when No - Case is made out unbehalf of an accused at the close of evidence for the prosecution ,the court may by itself discharge the accused.SEE the case of Ekuwnugo V. FRN(2008)Vol 1 10 MJSC79 (Pg 84-85)Para 6-5.
-WHO CAN MAKE A NO-CASE SUBMISSION ?
(1) The Court can suo-moto make a No - Case submission,when it appears that a case is not made out against the the defendant/accused sufficiently to require him make a defence. SEE Sections 286CPA and 191 (3) CPC respectively.
(2) The defence can also make same without entering into a No-Case Submission.
It is apt to note the Circumstances in which a court can make a No-Case Submission;
a. When there has been no evidence to prove an essential element in an alleged offence i.e whether a prima-facie case as even been made against the accused.
b. When the evidence adduced by the Prosecution has been discredited as a result of cross-examination.
c. Where it is proved to the satisfaction of the court that the evidence adduced by the prosecution is so manifestly unreliable that no court can safely convict on same.
The above Conditions are not cumulative .Any of the conditions can warrant the court to raise a no- case submission suo-moto or by the accused himself.SEE the case of DABOR V.STATE(Supra)
The Onus of prove is therefore on the prosecution to show a prima facie case against the accused as the law presumes the latter INNOCENT until proven otherwise.SEE Sections 36(5) of the 1999 Constitution of the Federal Republic of Nigeria.
The case of Ajisogun V. The State(1988)13 NWLR (Pt 581)pg236 particularly at pg262,is also relevant as it explains clearly the stages in the prosecution process and the implication of each of the stages and the hurdles the prosecution needs to surmount in each of the stages. Summed up,the position is as follows;-
" A submission of "no -case to answer" in a criminal trial
Is a submission on point of law.Pure and Simple.Nothing
more and nothing less.It is a legal submission.It is analogous
to a demurer in a civil court or trial.All the accused is
saying at the stage of trial is to the effect : Accept all that the
Prosecution as said through it witnesses yet it(Prosecution)cannot
secure a conviction either of the offence charged or
of any other alternative offence of which may possibly be convicted
upon the evidence,".
It now becomes apparent that from the above ,in criminal trials there are two(2) stages the prosecution may attain and seek to get through or over. The first stage is the stage of making out a "prima facie" case requiring the accuse to enter a defence.
The second stage may never be reached provided the prosecution fell and failed in the first stage or hurdle .The stage is the stage of establishing the guilt of the accused.The accused is entitled to an acquital if the prosecution fails at either of the two stages.
In the case of Okoro V. The State(1988)5 NWLR 225,the Court posited that;-
" A submission of no case to answer is wrongly overruled
If and when,the ruling was made calling an accused to make
his defence to a charge ,the evidence presented by the prose-
cution was not sufficient to require the accused make his defence"
The court further posited that;-
"Where a no Case to answer has been wrongly overruled ,
and the accused gives evidence in his defence and supplies
the hither to missing ingredients required for his conviction,
such conviction would be regarded as invalid"
It must also importantly be noted ,that a ruling on a No-case submission discharging the accused is tantamount to a judgment of the the Court and same is on merit which can only be set aside on appeal.SEE Clement Nwali V IGP(1956)LRREN 1,SEE also Section 301 of the CPA.
In the case of Mumuni V. The State(1975)6 Sc 79,it was held that were,therefore ,the court erroneously ruled that an accused has a case to answer when infact the reverse is the case ,an accused person who withdraws from further participation in the case would have a very bright prospect on appeal.But if the accused stupidly continues to participate in the proceedings ,even though no case has been made against him ,his conviction on evidence would be final unless and until appealed.
-AN APPRAISAL OF THE CASE OF OKAFOR V.THE STATE ,being a Judgment given by the Supreme Court on the 29th day of January 2016 and Reported inhe (2016) SCM pg 170---189
-FACTS-
The Appellate (Daniel Okafor) and one Sunday Okolie were arraigned before the trial Court on a three count charge of conspiracy to kidnap ,attempted kidnap and attempted Murder with others now at large ,of one Chief John Uchechu punishable under Section 516 ,509 and 320 respectively of the Criminal Code Cap 21 Vol Laws of Delta State 2006.
Having pleaded NOT GUILTY to each count charge ,the prosecution at trial called 4 witnesses ,tendered some exhibits and closed its case.The appellant there after made a no-case submission .In the trial court Ruling on the no case submission ,the trial court upheld the no case submission made on behalf of the appellant and discharged him on all counts.
*The Court also upheld the appellant's No-Case submission on the third count of attempted Murder but overruled the submission in respect of Count 1 and 2 for conspiracy to kidnap and attempted kidnapping.
*The Court further held that a prima facie case had been made out against him in respect of the two counts and called upon him to enter his defence.
Dissatisfied with the trial Court's decision ,the appellant appealed to the appeal court which dismissed the appeal and affirmed the decision of the trial Court.The Supreme Court in dismissing the appeal enunciated on the concept of No - Case submission that;
*A No-Case submission would be upheld where there has been no evidence to prove the essential element of an offence charged ,citing Sections 286 of the CPA,the Apex Court averred that at the stage of a No case submission , what the trial court is suppose to consider is not whether the evidence so far adduced by the Prosecution against the accused person is sufficient to justify conviction ,but simply whether the Prosecution had made out prima-facie case requiring due explanations on the part of the accuse person.The case of Duru V. Nwosu (1989)4 WLR (Pt 113)24 and Ikonu V. State (1986) 3 NWLR (Pt 28) 340 at 365 was cited.
*The Apex Court further posited that a ruling in a case of No case submission should be brief and no remarks or observations should be made on the fact in order for a trial court not to feather its discretion.SEE the case of Ubantu V. C.O.P(2000)1 SC 31 @38-39;
Omisore V. the State.(2005) Vol 1,Q.C.C.R.148@143.
*It was further posited by the Supreme Court ,that a stage of No case submission ,the question and as to whether or not the evidence is believed is immaterial and does not arise.The credibility of the witness is also not in issue.SEE the case of Adeyemi V. The State(1991)6 NWLR (Pt.195).1
In conclusion ,when a No - case submission is overruled, the accused still as the chance of giving evidence in the substantive trial.This ofcourse should be contrasted with a situation were an accused person "rest his case"on the prosecution.In this instance(resting accused case on the prosecution) ,a ruling given against the accused is final and the accused is estopped from entering into any form of defence.It is also settled law that when a no-case submission is in favour of the accused,he can raise the defence of "autrefois acquit" if the prosecution re-arraigns him on similar charges.
Umoru Theophilus Iko-ojo is a Lagos based Legal Practitioner.
07065702465,phylumoru@yahoo.com
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