A new legal article by Oyetola Muyiwa Atoyebi, SAN, FCIArb (U.K.) (Notary Public), examines No Case Submission and Resting the Defence on the Prosecution’s Case in Nigerian Criminal Trials: Distinctions, Procedural Implications, and Strategic Considerations for the Defence
The article highlights the presumption of innocence as a fundamental principle of Nigeria’s criminal justice system and explores the procedural safeguards available to an accused person at the close of the prosecution’s case.
The presumption of innocence remains a cornerstone of Nigeria’s criminal justice system, placing the burden on the prosecution to establish the guilt of an accused person beyond reasonable doubt.
At the close of the prosecution’s case, this principle manifests through important procedural safeguards that protect an accused person from being called upon to defend a charge unsupported by credible evidence.
This article examines two key procedural options available to an accused person at that stage of a criminal trial, namely a submission of no case to answer and resting the defence on the prosecution’s case.
It analyses the legal principles governing both procedures, the judicial tests applicable to a no-case submission, their procedural and evidential consequences, and the strategic considerations that may influence the defence’s choice.
The article further examines the distinctions between both procedures and their role in upholding fair trial principles.
Ei incumbit probatio qui dicit, non qui negat.
Read the full article here:
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