PRIMA FACIE CASE - ...
 
Notifications
Clear all

PRIMA FACIE CASE - MEANING OF A PRIMA FACIE CASE

1 Posts
1 Users
0 Reactions
449 Views
Joined: 1 second ago
Posts: 0
Topic starter  
 
"A prima facie case means no more than that "on face of it" the facts supporting the charge disclose ground(s) for proceeding in the prosecution. See Onagoruwa v. State (1993) 7 NWLR (pt. 303) 49 at 82 -83. It also means that the facts, as they stand, if they are not controverted and they are believed, are sufficient proof of the allegations. Of course, prima facie case and proof beyond reasonable doubt, which comes later, do not stand on the same footing or pedestal. See Ikomi v. The State (1986) 3 NWLR (pt.28) 240 at 355; Egbe v. The State (1980) I NCR 341; Abacha v. The State (2012) 11 NWLR (pt.779) 437 at 486. To constitute a prima facie case, it is trite that the proofs of evidence must link the accused to the offence he is alleged to have committed. See Ohwovoriole v. FRN (2003) 2 NWLR (pt.803) 176 at 190-191. In other words, that the case against him not is not one borne of mere suspicion. See Ikomi v. State (supra)". 
 
 
PER E.EKO J.S.C IN THE CASE

SUNDAY GABRIEL EHINDERO V FEDERAL REPUBLIC OF NIGERIA & ANOR ; LER(2018): SC. 137/2014

   
Quote
Share: