Prima Facie Case: Whether the Supreme Court correctly applied the principle in Abacha v State.

Abstract

INTRODUCTION

The case of Abacha v State¹ is an interesting one not so much because of the status of the appellant, or the calibre of the deceased or even the gravity of the offence - murder which carries the supreme penalty. Rather, what makes it interesting is the reliance by both parties to the appeal as well as the courts on the case of Ikomi v State.² The appellant seeking to quash the information on the ground that it discloses no prima facie case relied on the case of Ikomi v State. The respondent, represented by the Attorney General of Lagos State who opposed the application relied on the case of Ikomi v State. The trial court that refused the application relied on Ikomi v State. The Court of Appeal that affirmed the High Court judgment also relied on Ikomi v State. The dissenting judgment of Ejiwunmi JSC upholding the judgment of the trial and the lower courts relied on Ikomi v State.

Also, the majority judgment of the Supreme Court which overruled the judgments of both the trial and lower courts and quashed the information relied on Ikomi v State.