*Holds That Prosecution Failed Woefully To Make As Prima Facie Case Against The Defendant
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
A Cross River State High Court presided over by the Chief Judge of the State Hon Justice Akon Ikpeme was on 19th of January, 2022, discharged and acquitted an accused person named Nta Nta Ekeng on a one count charge of Armed Robbery.
The trial which began in 2016 saw the Defendant (a landlord to the complainant) one Nsidieti (who is still living in the property till date) stand trial for the offence of Armed Robbery for over 6 years.
The hearing of the case which commenced before Retired Hon Justice Emilia Ibok was finally laid to rest on 19th January 2022 when the learned trial judge in its ruling on a “No Case Submission” filed by the Defendant’s counsel upon close of the prosecution’s case agreed in totality with the argument of the Defence that the prosecution had failed to make out a prima facie case against the Defendant.
The evidence of all the prosecution witnesses as summarised shows that Defendant was neither seen nor identified at the scene of the crime, none of the stolen items were found in his custody and the statement of the complainant that “I heard his voice saying ebo enye (meaning collect him)” was not sufficient ground to implicate the accused of the charged offence.
Thus, the Court having considered the totality of evidence adduced by the Prosecution and the Defendant’s “No Case Submission” discharged and acquitted the Defendant accordingly. In her judgement, the Chief Judge held; “It is better that ten guilty persons go free than that one innocent person suffers” stating that that the prosecution failed woefully to make as prima facie case against the Defendant that would request the defendant to be called upon to make some explanation.
The judgement of the Court brought the legal journey of more than 6 years to an end was as the innocent man reunited with his family in tears of joy.
Counsel to the Defendant, Akiki I. G. Esq commended the Honourable court for its erudite ruling and further stated that judgments of this nature will boost the hope of the common man in the society of the foundational duty of the court which is to do Justice at all times.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
