ADEMO LA in the ca se of ODOFIN BELLO v STATE (1967) NMLR page 2 at 3, that
such rulings be brief.
It is settled therefore that at the close of the Prosecutio n's ca se, a No Case
Subm ission may be made by an accused person or a defendant yvhe re th ere is
no evidence led by the Prosecution to support the charge, see OH ~ KA
v THE
STATE (1988) LPELR - 2362 (SC) per AGBAJE JSC at page 5 paragraph A, -or that
the prosecution failed to establish a prima facie case, see the case of TONGO
v
COP (2007) LPELR - 3257 (SC) per ONNOGHEN JSC at page 20 paragraphs A- B.
The term prima facie has been held to be "a ground for proceeding" see the
case of OKO v STATE (supra) pe r BAGE JSC at pages 26 - 27 paragraphs CA, see
also ADUKU v FRN (2009) 4 NCC page 350 where it is stated and I quote -
"what is meant by prima facie case? It only means that there
,
'
is a ground for proceedings ... but a prima facie case is not the
same as proof which comes later when the court has to find
whether the accused is finally guilty or not... "
Thus it is strange in this matter that the learned Appellants' counsel argue that
entering their defence is coritra_ry to Section 36(5) of the Constitution . This is
wrong as the presumption of innocence enures or covers the defendants till
judgment.
I shall now address the issues raised by the learned Appellants' counsel on the
issue of jurisdiction. It is settled that in issue of jurisdiction could be raised at
anytime inch.,1ding at appeal stage . See the case of JERIC NIG LTD v U.B.N. PLC
(2000) 12 SC part II page 133. I state this because it appears stran~e that such
an issue should crop up in an appeal on a court's refusal of a No Case
Subm ission . However, once it is raised it becomes a serious issue that must be
considered before continu ing or all done by the court below would be a nullity
if it is found out that, that court had no ju risdiction to have proceeded, see the
case of JERIC NIG LTD v UBN PLC (supra) . It js settled that it is t he nature of a
Th is is the Judgment delivered by Hon. Justice D.A. Onyefulu on 3/12/2018
Page 6