On 20/9/2018 both coun se l f ina lly m ade their No Case Submissions after
delays occasioned in part by non f ilin g of th eir arguments and non production
st
of the 1 defendant who has been in prison' s custody all along by adopting
their respective written addresses before the court. The learned prosecuting
counsel in opposition adopted his address (a reply) same day .
!,''
.
In the No Case Subm iss~o n f iled by le arned counsel for the 1st defendant
dated and filed on 13/7/2018, the matter is intrnduced and a sole issue formed
for determination thus and I quote -
1
' ...
whether the prosecution in the light of
evidence led so far in this cas e made out a pr ima facie case against the 1st
defendant sufficiently enough to require hirn to enter his defence ." In his legal
argument, learned counsel submits that the prosecution failed to lead
evidence in support of the charge .
He quotes the evidence of the three
prosecution witnesses in support of his argument and compares them to the
legal definition of robbery and refers to th e Section 1 {2) a of the law under
which the defendants are charged .
He relies on the judicial authority of
EMEDO v THE STATE (2002) 15 NWLR Part 789 at page 204. He also relies on
Sections 41(2.) and 193 of the ACJL 2010 and urges the court to uphold his
arguments that the prnsecut ion failed to make out a prima facie case against
st
the defendants and to release the 1 defendant' s bus impounded by the Police
st
since 2010 when the 1 defendant was arrested .
In the No case submission of the 2
nd
defendant as filed by his counsel 0 .
R. Baba Iola Esq filed on 27/7/2018, the matter is also introduced, brief
statement of facts given, an issue for determination raised thus -
11
Whether
the (sic) in the light of Evidence so far led, the Prosecution . has m_ade out a
prima facie case against the 2
nd
defendant sufficient enough for him to enter .
his defence ." In learned counsel 's argument, he submits that he who asserts
must prove and relies on Sections 131 and 135(2) of the Evidence Act 2011 ·
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This is the judgm ent delivererl by
1-i()JJ .
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,-_-_ · .
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jl1 st 1cC' DA Onyefulu on
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