What Factors Should Be Considered in a No Case Submission?

CASE TITLE: SHEMA v. FRN (2023) LPELR-61438(CA)

JUDGMENT DATE: 14TH OCTOBER, 2023

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: CHIDI NWAOMA UWA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on a no-case submission.

FACTS:

The appeal is against the ruling of the Federal High Court, Kaduna Judicial Division, presided over by H.R. Shagari, J. (as he then was), delivered on the 6th day of March, 2023.

The background facts are that the complainant filed a twenty-six (26)-count charge against the Appellant at the trial court, then sitting in Katsina, Katsina State, alleging conspiracy, fraud, and money laundering contrary to Section 15 of the Money Laundering (Prohibition) Act, 2011.

The Prosecution’s case at the trial Court which was demonstrated by the twenty-six count charges against the Appellant was basically based on fraud perpetuated by the Appellant while he was occupying the seat of the Governor of Katsina State, particularly in 2014 and 2015. Upon the close of the evidence led by the prosecution, which was presented by their five witnesses, the Appellant made a no-case submission, and the Court ordered parties to file their addresses. ​Before the parties proceeded to adopt their respective addresses on the date fixed for hearing the argument on the no case submission, the Respondent applied orally to amend the charge against the Appellant, which was opposed by the Appellant. The learned trial Judge overruled the Appellant and granted the amendments sought, which shrank the original twenty-six-count charge to a seventeen (17)-count charge, to which the Appellant pleaded not guilty.

The no-case submission of the Appellant was basically that the evidence led by the Prosecution through their five witnesses has not linked the Appellant with the alleged offenses, as the evidence has been discredited under cross-examination. The Appellant’s counsel also contended that the 26 count charges filed against the Appellant were incompetent, hence, the trial Court ought to uphold the no-case submission and dismiss the case of the prosecution and discharge and acquit the Appellant.

The Court in her ruling, held that the evidence presented by the prosecution through PW1–PW5, especially that of PW3, who was an eyewitness, connected the Appellant to the alleged offence, and therefore, the Appellant has a case to answer, and the no-case submission was dismissed.

The Appellant unhappy with the ruling of the trial Court appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The appeal was determined on the following lone issue:

“In view of the evidence adduced by the Respondent and all the facts of this case, was the learned trial Judge right in dismissing the Appellant’s No Case Submission?”

DECISION/HELD:

The appeal was dismissed. The ruling of the trial Court on the no-case submission was affirmed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- AMENDMENT OF CHARGE: Effect of amendment of a charge
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Whether one person can be tried/convicted for the offence of conspiracy
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Whether the co-conspirator(s) must be named in a conspiracy charge
• CRIMINAL LAW AND PROCEDURE- NO CASE SUBMISSION: Principles guiding a no-case submission
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF MONEY LAUNDERING: Ingredient(s) the prosecution must prove to establish the offence of money laundering
• CRIMINAL LAW AND PROCEDURE- NO CASE SUBMISSION: What Court should/should not consider in a no case submission
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Whether the co-conspirator(s) must be named in a conspiracy charge
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Meaning of conspiracy
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: How the offence of conspiracy can be inferred
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Whether the offence of conspiracy is separate and distinct from the substantive offence
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF MONEY LAUNDERING: Ingredient(s) the prosecution must prove to establish the offence of money laundering
• CRIMINAL LAW AND PROCEDURE- NO CASE SUBMISSION: What has to be considered in a no case submission
• EVIDENCE- PRIMA FACIE CASE: Meaning of a prima facie case; when will same be said to have been made out
• EVIDENCE- PRIMA FACIE CASE: Effect of failure of plaintiff to make a prima facie case against defendant
• EVIDENCE- PRIMA FACIE CASE: Meaning of prima facie case; whether prima facie case is the same as proof

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