I

IN THE HIGH COURT OF ANAIVIBRA STATE

or NI GERIA

IN THE HIGH COURT OF AWKA JUDICIAL DIVISION
HOLDEN AT AWKA
BEFORE HIS LORDSHIP HON . JUSTICE D.A. ONYEFULU
ON MONDAY THE 29TH DAY OF OCTOBER, 2018
I

A/SOC/2016
BETWEEN :
THE STATE

ANO
CHINEDU AGUMADU
RULING ON A NO CASE SUBMISSION
The defendant through his counse l A.I. Agbogu Esq filed a No case submission
on 13/6/18 on the grounds that there was no legally adm iss ible evidence
proferred by the prosecution linking the defendant to the charge, also that the
evidence led by the prosecution has been so discredited in cross examination
that it is unreliable, cit ing the case of SUBERU v STATE (2010) 41 NSCQR 1187
among a host of cases . In adopting his address on 30/7/2018, he urged the
court to ·u phold same and discharge and acquit the defendant .
In opposition, the learned Senior State Counsel C.J . Nwajagu Esq adopted his
own address filed on 4/7 /18 urging the cdurt to refuse same .
I have read both addresses intently and I hold without a waste of time that
learned defence counsel extensively .dwelt in his address that the prosecution
failed to prove their case . This is premature at this stage for what this court is
expected at this time to do is to see if a prima facie has been made out by the
prosecution. The Supreme Court in the case of KALU v FRN (2016) LPELR -

40108 (SC) per Ngwuta JSC states that prima facie case simply means that
there are grounds of proceeding with the information and not that the guilt of
the defendant has been made out.
Th is is the Rul ing on a no case submiss ion delivered by Hon . justice D.A. Onyefulu on

29 / 10 /2 018

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