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Agbo v. State

  1. SUNDAY CHIJIOKE AGBO
  2. AUGUSTINE UGBALLA
  3. OLIVER IKEKWE
  4. PANTHELIAN OGIDI
  5. STEPHEN UGWU
  6. PETER ADESILENEYA

    V

       THE STATE

   SUPREME COURT OF NIGERIA

MAHMUD MOHAMMED JSC  (Presided)

JOHN AFOLABI FABIYI JSC (Read the Lead Judgment)

BODE RHODES-VIVOUR JSC

MARY UKAEGO PETER-ODILI JSC

KUMAI BAYANG AKA’AHS JSC

SC.164/2010

FRIDAY, 19 APRIL 2013

APPEAL - Concurrent findings by lower court - Attitude of Supreme Court to

CRIMINAL LAW AND PROCEDURE - No case submission - Purport of -  Consideration of -Proper approach of court to - When may be upheld

CRIMINAL LAW AND PROCEDURE - Prima facie case - Meaning of  - Whether the same thing as proof - When disclosed on the evidence

EVIDENCE -  No case submission - Purport of - Consideration of Proper approach of court to - When may be upheld

EVIDENCE - Prima facie case - Meaning of  - Whether is same thing 2004 , section 286 of the  statute which reads as follows :

“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, as to that particular charge, discharge him.”