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

Select target paragraph3