No-Case Submission - Dismissed : What The Law Says In Criminal And Civil Matters

Q: What is a No Case Submission?

A No Case Submission is a legal request by a defendant asking the court to dismiss charges because the prosecution has not presented enough evidence to require a defence.

Q: Can a defendant appeal if the court dismisses a No Case Submission?

Yes. A defendant can appeal a dismissed No Case Submission, but the effect of that appeal depends on whether the matter is criminal or civil.

Q: What changed after the ACJA was introduced in 2015?

Before 2015, filing an interlocutory appeal could halt a criminal trial. After the ACJA came into force, criminal trials must generally continue even when an appeal is filed.

Q: What is an interlocutory appeal?

An interlocutory appeal is an appeal against a court ruling made during the course of a case, before the final judgment is given.

Q: Does an interlocutory appeal stop civil cases?

Yes. In civil matters, filing an interlocutory appeal generally suspends trial proceedings at the lower court until the appellate court decides the issue.

Q: What does Section 306 of the ACJA say?

Section 306 of the ACJA provides that proceedings in a criminal matter shall not be stayed, which means criminal trials should continue despite interlocutory appeals.

Q: What did the courts say about this rule?

The Court of Appeal confirmed this principle in cases such as Ogunyemi v. State (2021) and FRN v. Saraki (2018), holding that trial courts must proceed in criminal matters even where interlocutory appeals are pending.

Q: How does this apply to Nnamdi Kanu's case?

Because Nnamdi Kanu's matter was criminal, the trial judge proceeded to hear the case despite Kanu filing an appeal against the dismissed No Case Submission, consistent with Section 306 ACJA.

Q: Why do civil and criminal cases follow different rules on appeals?

Civil cases allow suspension to protect legal rights and property interests, while criminal cases are governed by ACJA rules that favor continuous trials to avoid delays and ensure timely administration of justice.

1.0 The Evolution Of The Administration Of Criminal Justice Act (ACJA)

A major shift occurred in Nigeria’s criminal justice system in 2015 when the Administration of Criminal Justice Act (ACJA) came into effect.

Before this landmark reform, a defendant whose No-Case Submission was dismissed at the Federal High Court could immediately file an appeal—and that single step was enough to halt the entire trial.

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Once the appeal was entered, the trial judge lost jurisdiction to continue the proceedings until the Court of Appeal delivered its decision.

The Administration of Criminal Justice Act (ACJA) changed that practice entirely.

Under Section 306 of the Act, trial courts are expressly prohibited from staying proceedings in criminal cases for any reason, including interlocutory appeals.

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The Court of Appeal reaffirmed this principle in Ogunyemi v. State (2021) LPELR-54567(CA), holding that the provision is mandatory and leaves no discretion for a pause in trial.

2.0 Applying The Law To The Nnamdi Kanu Case

This legal framework became prominent once again in the case involving Nnamdi Kanu.

Justice Omotosho of the Federal High Court dismissed Kanu’s No-Case Submission and ordered him to open his defence.

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Kanu disagreed with the ruling and immediately approached the Court of Appeal, insisting that the trial court should suspend proceedings until the appeal was resolved.

However, because the matter is a criminal case, Section 306 of ACJA applied strictly.

The law does not allow criminal trials to be put on hold because of an interlocutory appeal.

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Kanu declined to open his defence, but the court proceeded with the case, as required by the Act.

At the conclusion of the trial, the court convicted him and imposed a sentence of life imprisonment.

3.0 Interlocutory Appeals In Civil Cases: A Different Rule

The law takes a completely different approach in civil cases.

An aggrieved party in a civil matter may appeal an interlocutory ruling, and once such an appeal is filed, proceedings in the lower court are automatically suspended.

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The trial cannot continue until the superior court resolves the issue.

A notable example is the long-running case of Comandclem Nigeria Limited v. Mobil Producing Nigeria Unlimited.

Mobil challenged an interlocutory ruling relating to the ownership of an anti-corrosive special paint and issues concerning limitation laws.

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Because the appeal was pending, the Federal High Court could not continue hearing the substantive suit.

The case remained on hold until the appellate courts issued their decisions.

4.0 Conclusion

Hon. Olubunmi Nigel Ijaware

The distinction between criminal and civil procedures is clear.

In criminal cases, Section 306 of ACJA expressly forbids courts from staying proceedings, even where an interlocutory appeal has been filed.

This principle was reinforced in FRN v. Saraki (2018) 16 NWLR (Pt. 1646) 405 (CA), where the Court of Appeal held that criminal trials must proceed without interruption.

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By contrast, civil cases still retain the earlier rule: an interlocutory appeal automatically halts proceedings at the trial court.

Any earlier legal interpretation that suggested otherwise applied only to civil proceedings—and not to criminal trials governed by ACJA.

Frequently Asked Questions (FAQs)

1. What Is A No Case Submission?

A No Case Submission is a legal request made by a defendant asking the court to dismiss the charges because the prosecution has not provided enough evidence to require a defence.

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2. Can A Defendant Appeal If The Court Dismisses A No Case Submission?

Yes. A defendant can appeal a dismissed No Case Submission. However, the effect of that appeal depends on whether the case is criminal or civil.

3. Does An Appeal Stop A Criminal Trial In Nigeria?

No. Under Section 306 of the Administration of Criminal Justice Act (ACJA), criminal trials cannot be stopped because of an interlocutory appeal.

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4. What Changed After The ACJA Was Introduced In 2015?

Before 2015, filing an appeal automatically stopped criminal trials.
After the ACJA came into force, criminal courts must continue trials even when an appeal is filed.

5. What Is An Interlocutory Appeal?

An interlocutory appeal is an appeal against a ruling made in the middle of a case, before the final judgment.

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6. Does An Interlocutory Appeal Stop Civil Cases?

Yes. In civil matters, filing an interlocutory appeal automatically pauses the trial until the higher court makes a decision.

7. What Does Section 306 Of The ACJA Say?

Section 306 states that no court shall stay or stop proceedings in a criminal case because of an interlocutory appeal.

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8. What Did The Courts Say About This Rule?

The Court of Appeal confirmed in Ogunyemi v. State (2021) and FRN v. Saraki (2018) that trial courts must continue criminal cases despite any appeal.

9. How Does This Apply To Nnamdi Kanu’s Case?

Since Kanu’s case is criminal, Justice Omotosho had the legal right to continue the trial even though Kanu had appealed the dismissal of his No Case Submission.

10. Why Do Civil And Criminal Cases Follow Different Rules On Appeals?

Civil cases allow trial suspension to protect legal rights and property interests.
Criminal cases must continue to avoid delays, ensure justice, and follow the strict requirements of the ACJA.