The Constitution has given the defendant or anyone charged w ith a crim ina l offence presumption of innocence , see Se1;:tion 36(5) of the Constitut ion of the Federal Republic of Nigeria 1999 as amended . I have had a look at the instances provided in the address of learned defence counsel and the reply of the prosecution and I hold that the prosecution made I I out a prima facie case against the defendant . This court cannot at this time evaluate the evidence as learned defence counsel seeks in his addres-s as all evidence is not before the court . I shall therefore refuse this no case submission and order the defendant to state his own side of the story . This is the justice of this matter and in refusing this no case submission I rely on the case of OGUNWALE v STATE (2013) LPELR - 20281 (CA), as I do not also agree that the evidence of the prosecution witnesses have been so manifestly d iscredited that it is unreliable . There is prima facie evidence set out aga inst the defendant that requires his answers . D.A. ONYEFULU JUDGE 29/10/2018 APPEARANCES : C.J. NWAJAGU ESQ (Senior State Counsel) with C.J . ONYISHI ESQ (State Counsel) for the Prosecution . A.I. AGBOGU ESQ for the Defendant . Th is 1s th e Rul ing on a no case sub mi ssio n de l ivered by 29/10 / 2018 · l-1011 . ju sti ce D.A. Onyetulu on Page 2