Section 105, The Criminal Procedure Act, 2024

(1) A Magistrate Court shall, where at the close of theevidence in support of a charge,- (a) the defendant or his counsel makes a no case submission; and (b) it appears to the Court that the case is not made out against the defendant sufficiently to require him to make a defence, as to the particular charge, acquit and discharge the defendant. 52 53 Nonappearance of defendant in answer to summons or after adjournment. on plea of not guilty. Defence. (2) A defendant or his counsel shall first make a no case submission, under paragraph (a) of subsection (1), and thereafter the prosecuting counsel shall reply and the defendant or his counsel shall not be entitled to say anything further. (3) A Magistrate Court shall, where at the close of evidence in support of a charge, it appears to the Court that the case is made against the defendant sufficiently to require him to make a defence, ask him if he - (a) wishes to say anything in answer to the charge; or (b) has witnesses to examine or other evidence to adduce in his defence; hear the defendant and his witnesses and other evidence, if any. (4) A Magistrate Court may, where - (a) a defendant states that he has witnesses to call, other than an alibi witness in respect of whom notice should have been given but they are not present in Court; (b) the absence of the witnesses is not due to a fault of the defendant; and (c) there is a likelihood that they could, if present, give material evidence on behalf of the defendant, adjourn the trial and issue process or take other steps, to compel the attendance of such witnesses.