prosecution then filed a reply to the no case submission of the 1st
Defendant on 3rd November, 2016.
In his written address on the no case submission, the learned
Counsel for the 1st Defendant in his introduction stated that the
1st Defendant along two other Defendants are standing trial for a
six count charge under section 1(3), 1(1) (a), of the Advance Fee
Fraud and other Fraud Related Offences Act Cap A6 Laws of the
Federation of Nigeria, 2004 and sections 362 (a) and 366 of the
Penal Code LFN (Abuja) 1990.
Relying on the cases of NELSON MOORE V FRN (2012)
LPELR 19663 (CA)and ONAGORUWA V STATE, (1993) 7
NWLR (pt303) page 49 at 83 submitted that for a no case
submission to succeed, the Defendant must establish any one
of the followings:(a)
There has been no evidence to prove an essential element to
the alleged offence;
(b)
The evidence adduced by the prosecution has been so
discredited as a result of cross- examination or is so
manifestly unreliable that no reasonable tribunal could safely
convict on it.
He also relied on the cases of IBEZIAKO V C.O.P VOL1 ALL
NLR 61, OLAWALE AJIBOYE & ANOR V STATE, (1995)8
NWLR (pt414) page 408 at 414- 415 and ODIDO V STATE,
(1995) 1 NWLR (pt 369) page 88 at 110.
In considering the no case submission learned Counsel urged me
to be guided by the following:(a)
Whether actus reus and mens rea of the offence has been
faultlessly proven;
(b)
Whether the evidence put forward by the prosecution has
been dented, weakened, discredited or could support the
case and if the court will not convict.
6