"The law is quite settled that when an accused makes a no case submission, in

deciding the issue, a trial Court is not supposed to determine if the evidence

adduced by the prosecution is sufficient to ground a conviction. All that is required

of the trial Court is to determine whether or not it is satisfied that, from the

evidence before it, there is a prima facie case demanding, at least an explanation,

from the accused person. See Alewo Abogede v. The State (1996) 5 NWLR (Pt.

448) 270 at 280, per Adio, JSC. In ruling on a no case submission, the Court should not concern itself with the credibility of the witnesses or the weight to be attached to their evidence, no

matter the nature or status of the witnesses fielded by the prosecution.

 

Where the no case submission is overruled, the Court should be brief and concise in its

ruling, so as not to fetter, prejudge or prejudice its discretion if the accused person eventually enters a defence. The Court should also avoid making any observation on the facts of the case. See R. v. Coker 20 NLR 62; Chief Odofin Bello v. The State (1967) NMLR 1; Olawale Ajiboye & Anor. v. The State (1995) 8 NWLR (Pt.414) 408 at 413 per, Kutigi, JSC (as he then was)."

 

 

Per ADUMEIN, J.C.A IN OJEMOLON v. FRN CITATION: (2017) LPELR-43407(CA)