No Case Submissions in Legal Proceedings
Dive into the concept of No Case Submissions in legal proceedings with a focus on its meaning, implications, stages of submission, and legal provisions. Learn how defendants can utilize this tool effectively in court cases.
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Presentation Transcript
No Case Submission J.A. Agaba, Ph.D.
Objectives At the end of this interaction, the participant should be able to: Explain what a No Case Submission means Distinguish between NCS & application to quash a charge for disclosing no prima facie case Identify at what stage of the proceedings to make a NCS Explain what defendant must show to succeed in a NCS State the effect of a successful No Case Submission Identify the implication of subsequent incriminating evidence after a No Case Submission has been overruled
Meaning of No Case Submission - This is a submission - It is also an application asking for a discharge -It raises constitutional concerns -It tends to serve as a technical knockout -It is harmless to the defence -It is an awesome tool to keep out frivolous cases
Meaning of NCS cont By this, the defendant contends that there is no evidence on which the court would convict, even if the court believed the evidence adduced by the prosecution. See: Suberu v State [2010] All FWLR (Pt. 520) 1263 at 1274; Fagoriola v Federal Republic of Nigeria [2014] All FWLR (Pt. 724) 74; I.G.P. v Sonoma [2021] All FWLR (Pt. 1102) 41.
What Stage to make the Submission NCS is one of the options available to defendant at the close of the case for the prosecution. The 2ndoption being to enter upon his defence. So, it comes at the end of the case for the prosecution See sections 239(1) ACJL Lagos; 302 ACJA & 303 ACJL Kano
Section 239(1) ACJL Lagos provides: If at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the defendant sufficiently to require him to make a defence, the court shall discharge him in respect of that particular charge.
On its own part, S302 ACJA provides: The court may, on its own motion or on application by the defendant after hearing the evidence for the prosecution, where it considers that the evidence against the defendant or any of several defendants is not sufficient to justify the continuation of the trial, record a finding of not guilty in respect of the defendant without calling on him or them to enter his or their defence and the defendant shall accordingly be discharged and the court shall then call on the remaining defendant, if any, to enter his defence.
Note the seeming difference between section 239(1) ACJL Lagos and section 302 ACJA on exact thing the court should do. S302 ACJA seems to reinforce the effect of a discharge on a NCS
Note: The submission used to be made as of practice It is the ACJA & ACJLs that have codified this practice. Section 239(2) ACJL Lagos provides for the right of counsel to make a no case submission. The subsection provides: Where the defendant is represented by a legal practitioner, he shall by application, invoke the provisions of subsection (1) of this section. This provision is implicit in S302 ACJA
It then goes further in subsection (3) thus: Where the defendant is not represented by a legal practitioner, the court shall discharge him after hearing the prosecution on the issue and consider, if the provision of subsection (1) of this section avails the defendant.
What to consider in No Case Submission S303(3) ACJA provides that in considering a No Case Submission, the court shall have regard to the following: (a) whether an essential element of the offence has been proved; (b) whether there is evidence linking the defendant with the commission of the offence with which he is charged;
(c) whether, on the face of the record, the evidence of the prosecution has been so discredited and rendered unreliable by cross-examination that it would be unsafe to convict on such evidence; (d) whether the evidence so far led is such that no reasonable court or tribunal would convict on it; and
(e) any other ground on which the court may find that a prima facie case has not been made out against the defendant for him to be called upon to answer. The ACJL Lagos is silent on the above. The above are in consonance with the principle laid down in the following cases:
Ibeziakor v C.O.P. [1963] 1 All NLR 61; Emedo v State [2000] FWLR (Pt. 130) 1654; Igabele v State [2004] 15 NWLR (Pt. 896) 314; Edakarabor v C.O.P [2008] All FWLR (Pt. 428) 333; Sam v C.O.P. [2009] All FWLR (pt. 450) 760; Ugwu v State [2013] 4 NWLR (pt. 1343) 172; Ajuluchukwu v State [2014] All FWLR (Pt. 749)1015; FRN v Amah [2016] All FWLR (Pt. 818) 889; I.G.P. v Sonoma [2021] All FWLR (Pt. 1103) 41
In the above cases, NCS may be made where: There is no evidence to prove an essential element of alleged offence; or Evidence by the prosecution has been discredited as a result of cxx; or The evidence is so manifestly unreliable that no reasonable tribunal could safely convict on it.
From the above, sustaining a NCS on the 1stleg is not a huge challenge. See R v Coker. Where difficulty arises is in securing a discharge on (b) or (c) above since what the court requires to put the defendant upon his defence is just enough evidence to call for explanation from the defendant. See Edakarabor v State (supra).
It appears settled that however slight the evidence linking the defendant with the offence might be, the case ought to be allowed to go to trial. See Mohammed v State [2007] All FWLR (Pt. 366) 668; Okafor v State [1977] 5 SC 197; Daboh & Anor. v State [1977] 5 SC 197.
But where there is no cogent evidence, defendant should be discharged. See Saraki v Federal Republic of Nigeria [2016] LPELR-40013(SC) So, the role of cross-examination is key
Ruling on a No Case Submission If the application fails, the judge will order the defendant to enter upon his defence If successful, the defendant will be discharged. Ruling refusing the application is advisedly brief. Ruling upholding should be more elaborate because, in effect, it is an acquittal.
See the following cases: F.R.N. v Bulama [2021] All FWLR (Pt. 1099) 566 at 598; Adana v State [2018] 3 NWLR (Pt. 1605) 94; Ekanem v R 13 WACA 108; Odofin Bello v State [1967] NLR I; Ekwunugo v FRN [2009] All FWLR (Pt. 450) 614.
Effect of a successful Application The effect is an acquittal. Although the word used in the laws is discharge , it has been held that the effect is an acquittal. See Mohammed v State (2007) All FWLR (Pt. 366) 668 at 672. See also the earlier decisions relied on: Nwali v IGP [1956] E.R.N.L.R. 1; IGP v Marke [1957] 2 FSC 5.
Implication of subsequent incriminating Implication of subsequent incriminating evidence extracted after NCS is overruled evidence extracted after NCS is overruled The question to ask is: was the trial court right in overruling the NCS in the first place? If it was, then any incriminating evidence extracted after the NCS is overruled will be admissible. If on the other hand, the NCS was wrongly overruled, then any subsequent incriminating evidence would be inadmissible. See Suberu v State (2010) All FWLR (Pt. 520) 1263; Okoro v State (1988) 12 SC (Pt II) 83.
Note Note 1. Be conversant with the law under which defendant is charged 2. Check the ingredients of the offence & show why prosecution failed to discharge burden 3. Carefully review the evidence led by the prosecution 4. Seek evidence that support your case from prosecution s presentation 5. Check legal defences & presumptions did prosecution eliminate them?
6. It is not compulsory to make a no case submission 7. Cross-examination is a potent tool here 8. The evidence required at this stage is not as to prove beyond reasonable doubt 9. SS 36(5) & (11) are a subtle blackmail to use.
Thank you for your kind attention.
