THE STATE V. BENEDICT ARO & ORS

EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): The respondents herein were in charge NO HAB/7C/2008 in the Ebonyi State High Court sitting at Abakaliki on 28 - 07 - 2008 arraigned upon an information containing a charge with one count of murder. Following the not guilty plea of each respondent, trial commenced.

The appellant elicited evidence through five witnesses (PW1, PW2, PW3, PW5) to prove the counts of murder against the respondents. Following the close of evidence by the appellant, the learned SAN for the respondents made a no case submission urging the trial court to dismiss the charge against them. The appellant replied to the no case submission, urging that the evidence it elicited disclosed a prima facie case against the respondents which they were bound to defend.

On the 29 - 07 - 2010, the trial court ruled upholding the 2nd to 8th accused no case submission and dismissing that of the 1st accused holding that he has a case to answer. The trial court dischar…