No Case Submission

The position of the law is that a submission that there is no case to answer by an accused person, means that there is no evidence, on which even if the court believes it, it could not convict.
In other words, certain essential elements of the offence for which the accused stands charge was not proved by the prosecution. No evidence was led to prove such essential element. A no case submission could therefore only be properly made and upheld when:-
a)    There has been no evidence to prove an essential element in the alleged offence.
b)    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 could safely convict on it.See Ibeziako V. Commissioner of Police (1963) I S C N L R 99.
Endless chains of authorities have shown that a no case submission can be overruled when the prosecution has:-
a)    Led evidence to prove all the essential elements of the offence alleged either directly, circumstantially or inferentially.
b)    The evidence as so adduced by the prosecution has neither been so discredited consequent upon cross examination nor is so ex facie unreliable that no reasonable tribunal can safely convict on it.
When a no case submission is overruled, it means a prima facie case is said to exist. It means that a presumption of guilt is made out against the accused, he should rebut same on fact in his defence what has to be considered at the stage of a no case submission is not whether the evidence against thr accused is sufficient to justify conviction but whether the prosecution has made a prima-facie case requiring some explanation from the accused person. See Ekwenuon V. FRN (2008) 7 SCNJ (July) 236 at 242. Therefore, when a submission of no case is made, the trial court is not hereby called upon at that stage of proceeding, to express any opinion on the evidence before it. The court is only called upon to take note and to rule accordingly that there is, before the court, no legally admissible evidence linking the accused person with the commission of the offence with which he is charged or there is evidence before it, linking the accused peron with the offence charged. See Aituma V. State (2007) 5 N W L P (Pt 1028) 466.
In the case of Olisa Metuh, Justice Abang of the Federal High Court, Abuja, ruled that the prosecution has established a prima facie case against Metuh on counts 1 to 4  of the charges which bordered on allegations that the PDP spokesperson received the sum of N400 million from the office of the National Security Adviser. Also, the judge ruled that a  prima facie case has been proved against Metuh on count 5 and 6 which bordered on his recipt of $2 million from the office of NSA and money laundering. Justice Abang said what the court is expected to do in the no case submission is to determine if a prima faice case has been established against the accused and that the evidence, exhibits and testimonies of the prosecution witness have proved that Metuh has a case to answer in relation to the charges. “The no case submission is  dismissed . The defendant should enter his defence”, Justice Abang ruled.

Nkechi Bright Ewere