₦airaland Forum

The Judge in the case of Nnamdi Kanu has given Kanu's defence team two weeks to file a no case submission application they asked for, and the prosecution two weeks to respond. But what is a no case submission?


In Nigeria, whenever a person is charged with an offence, the person (referred to as the accused) can either plead guilty or not guilty.

If the accused pleads not guilty for that offence, it is the duty of the Prosecution to provide evidence that all elements of the offence have been committed as well as to prove that the Defendant is the person who committed them. Therefore, the burden of proof lies with them. The burden of proof in criminal trials is beyond reasonable doubt.

During a Criminal Trial in Nigeria, it is the duty of the prosecution to prove that the accused is guilty beyond reasonable doubt, this is true to upholding the fundamental principle that everyone is innocent until proven guilty. If there is any possibility of innocence which still exists when the case is over, the court must acquit and find the accused not guilty.

The process of a criminal trial has 2 parts. In the first part, the prosecution presents its case and calls its witnesses. In the second part, the defence presents its own case and calls its own witnesses. In both parts 1 and 2, the lawyer for the other side can cross-examine the witnesses which the party presents to give evidence.

When can a No Case Submission application be raised? At the end of part 1, after the prosecution has finished presenting its case, if the defence feels that the prosecution has failed to prove its case, then the legal process in Nigeria allows the defence to make an application known as a no case submission.

When a no case submission is made, it basically means that the defendant is asking the court for an acquittal without it having to present a defence. The defendant is literally saying to the court that there is no case to answer i.e. the prosecution has not sufficiently proven the legal threshold to establish the commission of a crime in the court of law.

The submission is reliant on the strength or rather, the lack thereof) of the prosecution's evidence. When used, the results are extremely beneficial to a defendant because, when successful, it means that the case effectively stops without the need for the defendant to call any evidence at all.

The defence makes the plea by filing an application before the court, and if the judge agrees, then the matter is dismissed and the defendant is acquitted without having ta to present any evidence in their defence. lf the judge does not accept the submission, the case continues and the defence must present their case. Therefore, the lefence really loses nothing by filing a no case submission application.

The general standard which the courts in Nigeria will use in determining whether a no case submission should be allowed and the accused person acquitted is contained in Section 303 of the Administration of Criminal Justice Act 2015, it provides that the Judge will onsider four things:

whether an essential element of the offence has been proven by the prosecution.
whether there is evidence linking the defendant with the commission of the offence
if the evidence so far which the
prosecution has provided is one that no reasonable court or tribunal would convict on it. Reasonable doubt, the court when determining this, has to decide whether a prima facie case has been made by the prosecution. Prima facie case here refers to the standard of proof under which the prosecution need only present enough evidence to create a rebuttable presumption that the matter asserted is true. A prima facie standard of proof is relatively low.

This case must proceed to its logical legal conclusion.
Nothing like prerogative of mercy.
If Kanu is innocent then the court should set him free to go home and sin no more. On the other hand if the court finds him guilty, then the full weight of the law should be brought down on his shoulders and he should face the maximum penalty!
Simple.

The judiciary is a joke. Kanu is wiser than all the lawyers in Nigeria combined.

Release the young man, he has no case to answer!!

Shawarmagirl:
Yoruba man rest. Kanu is not guilty of all the charges.

I never mentioned my tribe so you must be a mind reader. On the other hand if he is not guilty,then let the court decide and set him free. However if he is guilty.......lol😁😁

gidgiddy:
The Judge in the case of Nnamdi Kanu has given Kanu's defence team two weeks to file a no case submission application they asked for, and the prosecution two weeks to respond. But what is a no case submission?


In Nigeria, whenever a person is charged with an offence, the person (referred to as the accused) can either plead guilty or not guilty.

If the accused pleads not guilty for that offence, it is the duty of the Prosecution to provide evidence that all elements of the offence have been committed as well as to prove that the Defendant is the person who committed them. Therefore, the burden of proof lies with them. The burden of proof in criminal trials is beyond reasonable doubt.

During a Criminal Trial in Nigeria, it is the duty of the prosecution to prove that the accused is guilty beyond reasonable doubt, this is true to upholding the fundamental principle that everyone is innocent until proven guilty. If there is any possibility of innocence which still exists when the case is over, the court must acquit and find the accused not guilty.

The process of a criminal trial has 2 parts. In the first part, the prosecution presents its case and calls its witnesses. In the second part, the defence presents its own case and calls its own witnesses. In both parts 1 and 2, the lawyer for the other side can cross-examine the witnesses which the party presents to give evidence.

When can a No Case Submission application be raised? At the end of part 1, after the prosecution has finished presenting its case, if the defence feels that the prosecution has failed to prove its case, then the legal process in Nigeria allows the defence to make an application known as a no case submission.

When a no case submission is made, it basically means that the defendant is asking the court for an acquittal without it having to present a defence. The defendant is literally saying to the court that there is no case to answer i.e. the prosecution has not sufficiently proven the legal threshold to establish the commission of a crime in the court of law.

The submission is reliant on the strength or rather, the lack thereof) of the prosecution's evidence. When used, the results are extremely beneficial to a defendant because, when successful, it means that the case effectively stops without the need for the defendant to call any evidence at all.

The defence makes the plea by filing an application before the court, and if the judge agrees, then the matter is dismissed and the defendant is acquitted without having ta to present any evidence in their defence. lf the judge does not accept the submission, the case continues and the defence must present their case. Therefore, the lefence really loses nothing by filing a no case submission application.

The general standard which the courts in Nigeria will use in determining whether a no case submission should be allowed and the accused person acquitted is contained in Section 303 of the Administration of Criminal Justice Act 2015, it provides that the Judge will onsider four things:

whether an essential element of the offence has been proven by the prosecution.
whether there is evidence linking the defendant with the commission of the offence
if the evidence so far which the
prosecution has provided is one that no reasonable court or tribunal would convict on it. Reasonable doubt, the court when determining this, has to decide whether a prima facie case has been made by the prosecution. Prima facie case here refers to the standard of proof under which the prosecution need only present enough evidence to create a rebuttable presumption that the matter asserted is true. A prima facie standard of proof is relatively low.

I sincerely doubt you read the article the op posted.

Goosethetruth:
This case must proceed to its logical legal conclusion.
Nothing like prerogative of mercy.
If Kanu is innocent then the court should set him free to go home and sin no more. On the other hand if the court finds him guilty, then the full weight of the law should be brought down on his shoulders and he should face the maximum penalty!
Simple.

Mazi Nnamdi Kanu my leader's case is that he called the Fulanis out of their genocidal plans before anyone could see them in action. He spoke against Nigeria's capability in protecting his people(Ndigbo and our Biafran brothers). He made a provision for defending our people from the then impending invasion of the Fulanis. If you counted all the above as sins, then he surely WON'T 'sin no more'. If the court rightly declares him innocent of all the charges brought against him, then he's free indeed to continue to advocate for our people.
Since you Nigerians love to shed the blood of your people frequently, count us out of your Nigeria. This is MNK's argument all along.

Yujin:
Mazi Nnamdi Kanu my leader's case is that he called the Fulanis out of their genocidal plans before anyone could see them in action. He spoke against Nigeria's capability in protecting his people(Ndigbo and our Biafran brothers). He made a provision for defending our people from the then impending invasion of the Fulanis. If you counted all the above as sins, then he surely WON'T 'sin no more'. If the court rightly declares him innocent of all the charges brought against him, then he's free indeed to continue to advocate for our people.
Since you Nigerians love to shed the blood of your people frequently, count us out of your Nigeria. This is MNK's argument all along.

Oga,
Enter motor and ignore wetin them write for motor body.
LET THE COURT DECIDE!)!!
NAIRALAND.COM IS NOT A COURT.

Goosethetruth:
I never mentioned my tribe so you must be a mind reader. On the other hand if he is not guilty,then let the court decide and set him free. However if he is guilty.......lol😁😁

Yoruba is their nightmare,they can't do without tagging Yoruba to their problem.