MICHAEL UZOAGBA & ANOR V COMMISSIONER OF POLICE

SUBJECT MATTER

CHEATING – ELEMENTS OF CHEATING

CRIMINAL BREACH OF TRUST – ELEMENTS

FORMULATION OF ISSUES FOR DETERMINATION – FORMULATION FROM GROUNDS OF APPEAL

NO CASE SUBMISSION – WHEN A NO CASE SUBMISSION CAN BE OVERULED

It is settled by a seemingly endless chain of authorities, including those alluded to by the counsel, that a prima facie case might rightly be founded to have been established and no case submission properly overruled where the prosecution has: –

(a)    Led evidence to prove all the essential elements of the offence alleged either directly, circumstantially or inferentially and

(b)   The evidence as so adduced by the prosecution has neither been so discredited consequent upon cross examination nor is so ex facie unreliable that no reasonable tribunal can safely convict on it

Hon. Justice Musa Dattijo Muhammad, JSC

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