CASE TITLE: NZERIBE v. FRN
JUDGMENT DATE: 18TH JANUARY, 2023
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: DANLAMI ZAMA SENCHI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on no case submission.
FACTS:
The Appellant (as Defendant) at the trial Court was arraigned before the trial Court on three count charges centred around forgery and false pretence surrounding a document/certificate of occupancy dated 4tn July, 1994 bearing the name of Ishaya M. Baba. Subsequently, the three-count charge was amended and filed on 5th October, 2021.
The Appellant pleaded not guilty to the amended charge.
Then on the 28th January, 2021, the trial began and the Respondent called five (5) witnesses that testified.
At the close of evidence by the Respondent, the case was adjourned for defence on 25th February, 2021. On the said date, instead of the Appellant entering his defence, he filed a no case to answer.
On the 16th of June, 2021, the trial Court delivered its ruling on the no case to answer and the same was dismissed. Aggrieved with the decision of the trial Court, the Appellant lodged an appeal at the Court of Appeal. At the Court of Appeal, the Respondent raised a preliminary objection on the competency of the Appellant’s notice of appeal. Respondent contended that the Appellant relied on the old charge to appeal against the ruling delivered by the trial Court refusing the no-case submission application filed by the Appellant.
ISSUES:
The Court of Appeal considered the merits of the preliminary objection filed by the Respondent.
The main appeal was determined on a sole issue thus:
“Whether having regards to the evidence adduced by the Respondent vis-a-vis the contents of the charge proffered against the Appellant, the trial Court was right to have dismissed the Appellant’s No Case Submission?”
DECISION/HELD:
On the whole, the preliminary objection succeeded and thus, the appeal was struck out. On the merits, the appeal was dismissed.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- AMENDMENT OF CHARGE: Effect of amendment of a charge
- CRIMINAL LAW AND PROCEDURE- NO CASE SUBMISSION: What a no case submission entails/postulates
- CRIMINAL LAW AND PROCEDURE- NO CASE SUBMISSION: Need for Courts to be brief while ruling on a no-case submission
- EVIDENCE- PRIMA FACIE CASE: Meaning of prima facie case
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