No Case Submission Under Nigerian Law

Under Nigerian law, every accused is presumed innocent until his guilt is proved. The legal burden of proving the guilt of the accused, unlike the evidential burden of proving specific facts, rests on the Prosecution and does not shift throughout the trial. At the close of the case for the prosecution, the accused is invited to make his defence. A number of options, of which the no-case submission is one, are open to the accused at this stage. This article discusses the no-case submission. It also examines the conditions required to be satisfied by the accused in order to succeed on the submission. The ways in which a judge/magistrate may rule on a no-case submission and the effects of those rulings are also examined. After a ruling has been made, subsequent evidence may be introduced by either party. What is the consequence of this? With the aid of statutory and judicial authorities, this article examines the basic rules relating to a submission of no case to answer as is applicable under Nigerian law.