At the resumed sitting today, the trial judge, citing Sections 302, 303, 357 and 358 of the Administration of Criminal Justice Act 2015 noted that, it was in order for a defendant to apply to the court for a «no - case» submission, but the «court shall have discretion whether essential elements of the offence have been proven or not». (nigeriapoliticsonline.com)
However, the test is never to be applied rigidly, and is not to be limited to the essential elements of the offence. (osler.com)
In her submission, Mrs. Onuogu argued that the prosecution had proved the essential elements of the offences with which the former Governor was being charged, and that the principle of a no - case submission made by him failed where the defendant had explanations to make in response to the charges against him. (newsdiaryonline.com)