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 <"C""I-.•---._

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