Wabara &ors v F.R.N (2010) CA/A/7/c

FACIE": What is the meaning of the term ''prima facie'' 

"The term prima facie is difficult to define precisely. However facts that clearly reveal a crime and show that the accused person is linked with it may be prima facie evidence that the accused has something to explain at the trial. But this is not always the whole that is needed as the circumstance must indicate. Prima facie means that there is ground for proceeding and evidence discloses a prima facie case when it is such that if uncontradicted and if believed it will be sufficient to prove the case against the accused. But a prima facie case is not the same as proof which comes later when the court has to find whether the accused is guilty or not guilty. Thus, if the facts in a deposition whether on oath in preliminary investigation or not on oath in mere statements attached to an information do not disclose a prima facie case the indictment must be quashed

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