In their efforts to establish a prima facie case against the defendants, the prosecution called 5 witnesses and tendered nine (9) Exhibits which were admitted in evidence and marked as Exhibits A, A1, A2, B, B1, B2, B3, C and C1 respectively. The said Exhibits comprised of a black Techno mobile phone, MTN and Glo Sim Cards as well as statements and additional statements of the defendants respectively. The prosecution after calling the five (5) witnesses, closed their case, and after the close of the prosecution’s case, the defence counsel opted to make a no case submission on behalf of the defendants. The case was thereafter adjourned for adoption of counsel’s respective written address, and upon the said adoption, the matter was adjourned for ruling. For the purpose of this ruling, the following sole issue for determination is hereby formulated as follows:“Whether having regards to the totality of the evidence adduced before this court, the prosecution has made out a prima facie case against the defendants to warrant this Honourable Court call upon the defendants to enter their defence.” By paragraphs 1.1, 1.4, 2.1, and 2.3 of the defendants’ adopted written address, the defence counsel submitted that the prosecution by the evidence led, did not supply sufficient evidence to justify the continuation of the trial of the defendants in this case. They further submitted that the offences alleged against the defendants, have not been proved by the prosecution as required by law, as the evidence adduced has been discredited during cross examination. Page 20 of 31

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