“Some witnesses had testified that they saw the defendant shoot the deceased that day and that the defendant’s rifle was short of two pieces of ammunition upon his arrest for the shooting.“The only real issue now is whether a prima facie case has been made by the prosecution, and not whether it has proved its case beyond a reasonable doubt,” the judge stated.
In his arguments, his defence counsel, Adetokunbo Odutola, told the court to note, among other things, that none of the eyewitnesses saw the defendant shoot and that the ballistic report of the gun allegedly fired expressly stated that the bullet cannot be linked with any of the firearms recovered from the police officers at the scene.
But Onigbanjo opposed the application, arguing that the prosecution had established a prima facie case against the defendant, making it necessary for him to put up a defence.
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