Ogunde also told the court that an application to quash charges can only be moved at the beginning of a case “when no prima facie fact is established and when there is a no-case submission”. He also added that "apart from the fact that the application is speculative, it is unknown to law, as it will lead to a review of evidence which by law cannot be done until the prosecution closes its case, and will also lead to the court anticipating acquittal which is not under our criminal law for the court to anticipate". On the basis of these, Ogunde moved that Agbaka’s application should be struck out.
Posted on: Mon, 24 Jun 2013 17:46:59 +0000
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