"It is now settled by a long line of judicial authorities since Ibeziako    v COP (1963) 1 ALL NLR 61 that a submission of no case to answer may be properly made and upheld in the following circumstances:-

(i)        When there has been no evidence to prove an essential element in the alleged offence either directly, circumstantially or inferential;

(ii)          When the evidence adduced by the prosecution has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable tribunal can safely convict on it. 

See: Okoro v. State (1988) NWLR (Pt.94) 255. Adeyemi  v. The State (1991) 6 NWLR (1991) 6 NWLR  (pt 195) 1; Agbogede v. The State (1996) 5NWLR (Pt. 448) 270 and Suberu v. The State (2010) I NWLR (Pt. 1176) 494." 

PER  K. B. AKAAHS, J.S.C IN THE CASE OF COMMISSIONER OF POLICE V. MR. EMMANUEL AMUTA, LER (2016)SC. 117/2012