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

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