A ‘No Case Submission’ is
made at the close of the case of the prosecution. A no case submission is made
by way of motion on notice brought pursuant to the applicable law and prays the
honourable court for leave to enter a no case submission. The application is on
point of law and therefore only supported by a written address/brief stating
the three conditions. The leave is granted via a brief ruling and thereafter,
the defence says "My Lord, the defence is hereby entering a no case
submission, having been granted leave by this honourable court to do
same".
Under section 303(1) of the Administration of Criminal Justice Act 2015,
it is stated that where the defendant or his legal practitioner makes a no case
submission in accordance with the provisions of the Administration of Criminal
Justice Act, the court shall call on the prosecutor to reply. The defendant or
his legal practitioner has the right to any new point of law raised by the
prosecutor, after which the court shall give its ruling: section 303(2) of the Administration of Criminal Justice Act 2015.
After the last prosecution
witness is excused by the court, the prosecution will close its case. Thereafter,
the court will consider whether a prima
facie case has been made by the prosecution to necessitate the accused
person to open his case. If it appears to the court that the prima facie case has not been made out
sufficiently, then the defendant cannot be asked to prove his innocence. This
results in a discharge: section 239(1) of
the Lagos State Administration of Criminal Justice (Repeal & Re-Enactment) Law
2011. In this regard, section 302 of
the Administration of Criminal Justice Act 2015 provides that the court
may, on its own motion or on application by the defendant after hearing of the
evidence for the prosecution, record a finding of not guilty in respect of the
defendant without calling on him to enter his defence and the defendant shall
accordingly be discharged, where it considers that the evidence against the
defendant is not sufficient to justify the continuation of the trial.
The discharge will be made,
whether the accused is represented by counsel or not. However, if the accused
is represented by counsel, it is expected that counsel will make the
application on his behalf and this application is called a 'No case
submission'; but the court can discharge an accused person suo motu.
Under section 303(1) of the Administration of Criminal Justice Act 2015,
where the defendant or his legal practitioner makes a no case submission in
accordance with the provisions of the Administration of Criminal Justice Act
2015, the court shall call on the prosecutor to reply.
Please note that in making
a no case submission, there is no requirement that it must be in writing or
filed before it can be made. Counsel can orally make a no case submission at
the close of prosecution’s case.
A 'No Case Submission/Ruling' can be made by the
defence or the Court on its own
volition at the close of the prosecution’s case where a prima facie case has not been established against the accused: Dabor & Anor. v. The State. When it
is made by the court, it is called a No
Case Ruling. It may be made in respect of one count of offence or the entire
charge sheet. This is because the court must make a ruling on each count of
offence separately: Ajani & Ors v. R.
Purpose of a No Case Submission
The main purpose of a No
Case Submission is to prevent the accused from entering his defence and proving
his innocence and to save the Court’s time: Emedo v. The State. Here, the accused challenges the veracity of
the evidence of the prosecution.
Upholding a no case
submission means that the prosecution has failed to prove or establish a prima
facie case against the accused. On the other hand, overruling a no case
submission means that the prosecution has successfully established a prima
facie case against the accused person.
Conditions for a 'No Case Submission'
This is provided for in section 239(1) of the Lagos State Administration
of Criminal Justice (Repeal & Re-Enactment) Law 2011 and section 303(3) of the Administration of
Criminal Justice Act 2015. The conditions are as follows:
1.
When the prosecution has failed
to prove an essential element of the each alleged offence: R v.Coker.
2.
When the evidence adduced
by the Prosecution has been badly discredited during cross-examination (refer
to the specific portions of the evidence that are unreliable; example, evidence
of PW1, etc).
3.
When the evidence is so
manifestly unreliable that no reasonable Tribunal or Court can safely convict
upon it: Emedo v. State.
Please note that the above conditions
are not cumulative. Thus, the existence
of any or all of the conditions is sufficient.
Again, the Administration of Criminal Justice Act 2015,
section 303(3) thereof, provides
that in considering the application of the defendant under section 303 (for no case submission), the court shall in the exercise of its discretion,
have regard to whether:
(a)
an essential element of the
offence has been proved;
(b)
there is evidence linking
the defendant with the commission of the offence with which he is charged;
(c)
the evidence so far led is
such that no reasonable court or tribunal would convict on it; and
(d)
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.
Also, the court has an
obligation to consider suo motu the prosecution's case with a view to
ascertaining whether a case has been made out against the accused and if it
discovers that the prosecution did not make a sufficient case, it should
discharge the accused: Okoro v. The
State. The court must rule separately on each of the count: Ajani & Ors v R. If upheld, it is
for the court to uphold the no case submission.
The judgment of the court
upholding the no case submission must be detailed like any other court judgment.
However, if the court is overruling it, the ruling should be brief; and the
court should refrain from expressing an opinion on evidence adduced: State v. Audu.
The Law is that the court
must not fetter its discretion: R v
Ekanem. However, inordinate length of the judgment overruling a no case
submission cannot fetter discretion: Odofin
Bello v. State. Indeed, length alone is insufficient to nullify a trial: Atano & Anor v. Attorney General of Bendel State. Lastly, the proof here is
not beyond reasonable doubt.
Effect of a 'No Case Submission' When Rightly Upheld
by the Court
1. In states where the Criminal
Procedure Law is applicable- it is a
discharge on the merits and the accused will be acquitted. Please note that in
such Cases, a Bar plea will avail the accused - Inspector General of Police v. Marke.
2. In Lagos State where the
Lagos State Administration of Criminal Justice (Repeal & Re-Enactment) Law
2011 is applicable - a discharge on a no case
submission operates as an acquittal: section
239(1) thereof.
3. In states where the Criminal
Procedure Code Law is applicable - the effect will depend on the court:
·
For the High Court; it is a discharge on the
merits and therefore an acquittal: section
191(3) & (5) of the Criminal Procedure Code Law.
·
For the Magistrate’s Court; it is a discharge; but not on the merits: section 159(3) & 169(3) of the Criminal
Procedure Code Law. Thus, a discharge in the Magistrate’s Court pursuant to
a no case submission shall not be a bar
to further proceedings against the accused on the same charge. In other
words, a plea of autre fois acquit based
on it will necessarily fail.
Effect of a No Case Submission if Wrongly Upheld
Where a No Case Submission is wrongly upheld by
the court, the appellate court will:
·
Quash the order of the
trial Court acquitting the accused; and
·
Order for a retrial for the accused to defend
himself: Police v. Ossai.
Effect of a No Case Submission Rightly Overruled
Where a No Case Submission is rightly upheld by
the court, the appellate court will:
·
Order that the accused
should enter his defence.
·
Order that any subsequent
evidence adduced before the court is proper and material to the case: Chuka v. The State.
·
Order that where such
evidence implicates an accused person, he can be safely convicted on it.
·
Order that the conviction above will be valid
irrespective of the accused taking further part in the proceedings: Chuka v. The State.
·
In the case of the
Magistrate Court in the states where the Criminal
Procedure Code Law is applicable, if no case to answer is overruled, the
accused person can apply to recall prosecution witnesses to cross-examine them
before opening his defence.
Effect of a No Case Submission Wrongly Overruled
·
The accused may enter his
defence or rest his case on the
Prosecution’s case.
·
Any conviction based on
incriminating subsequent evidence will be quashed on appeal as it is a nullity.
·
The fact that he took
further part in the proceedings or withdrew after his no case submission is
irrelevant: Mumuni & Ors v. The
State.
Nature of a Ruling on a No Case Submission When it is Rightly Upheld
Where the court upholds the submission of no case to
answer, its ruling is a decision on the matter. Therefore, the ruling must be detailed and contain the reason for the decision, just like any
other judgment of a court.
Nature of a Ruling on a No Case Submission When it is Rightly Overruled
The ruling of a court when
it rightly overrules a no case submission is not a decision on the substantive
case. Therefore, the ruling must be
brief so as not to fetter the judge’s discretion: Odofin Bello v. The State. The court can give a lengthy ruling if
it intends to acquit the accused.
However, it is not the length of a ruling per se that determines that a judge
has fettered his discretion; rather, it is the contents of the ruling that shows whether the judge has fettered
his discretion: Atano & Anor. v.
Attorney General of Bendel State (In this case we had a 15 page ruling).
Moreover, the ruling must be confined to
the issues raised by the Defence in the submission such as veracity or insufficiency of evidence: R.
v. Ekanem. The court should refrain from expressing any opinion on the
evidence already before it: The State v.
Audu.
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