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.
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