- Ogunjobi V. State (2022) LPELR 58187.
- Durugo V. State (1992) LPELR 972.
- Garba V. State (2022) LPELR 57677.
- Enebeli V. State (2021) LPELR 54990.
Let me start by saying that it is trite law that at the stage of a
submission of no case to answer, all that is required of the
trial court, is whether by the evidence led by the prosecution
before the court, the prosecution has made out a prima facie
case against the defendant requiring at least some explanation
from the defendant thereby justifying the continuation of the
trial.
Therefore, the trial court is not required to evaluate the
evidence before it at the stage of no case to answer. Once the
evidence led by the prosecution is good and sufficient on its
face that it is a case in which there is evidence which will
suffice to support the allegation made in the case, and which
can stand unless there is evidence to rebut the allegation, then
a prima facie case is established against the defendant.
- Omisore V. State (2008) 3 NCC 60.
- Igwe V. State (2022) 1 NWLR PT 1810 P 111.
- Ajigoye V. State (1995) 8 NWLR PT 414 P 408.
- Ojakovo V. State (2021) LPELR 55744.
- Ade V. COP (2020) LPELR 51338.
- Chyfrank Nig Ltd V. FRN (2019) 6 NWLR PT 1667 P
143 at 159.
- State V. Ibanga (2021) 5 NWLR PT 1769 P 253 at 266.
- Section 302 (3) (b) ACJL of Sokoto State 2019.
In consideration of the evidence of the five (5) prosecution
witnesses and the exhibits tendered and admitted, it is the
humble view of this court that the evidence led by the
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