"It is settled law that a submission that there is no case to answer by an accused person means that there is no evidence upon which, even if the court believed it, it could convict.

In other words, where there has been no evidence to prove an essential element of the offence, or where the evidence adduced by the prosecution has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable court or tribunal can safely convict on it. 

At the stage when a no case submission is made, the trial court is not called upon to express an opinion on the evidence before it. The credibility of the witnesses is not in issue at this stage. 

All that the court is required to do is to determine whether or not there is any legally admissible evidence linking the accused person with the commission of the offence with which he is charged. If the submission is based on discredited evidence, such discredit must be apparent on the face of the record. If it does not, the submission is bound to fail. 

See: Daboh Vs The state (1977) All NLR 146 per Udo Udoma, JSC; also found in (1977) LPELR-904 (SC) 1 (a) 15 - 16 A - A; Ekwunugo Vs F.R.N. (2008) 15 NWLR (Pt.111) 630; Ibeziako Vs C.O.P. (1963) 1 SCNLR 99: Owonikoko Vs The State (1990) 7 NWLR (Pt.62) 381: Agbo Vs The State (2013) 11 NWLR (Pt.1365) 377." 

PER K.  M.  O. KEKERE-EKUN, J.S.C IN THE CASE OF COMMISSIONER OF POLICE V. MR. EMMANUEL AMUTA, LER (2016)SC. 117/2012