JUDGMENT
AMUA-SEKYI J.
One of the appellant’s main grounds of complaint is that at the close of the case for the prosecution a prima facie case had not been made out against him and that he ought not to have been called upon to put up a defence. Mr. Hayfron-Benjamin, counsel for the Republic, has objected to this ground of appeal. According to him there is no right of appeal against a decision overruling a submission of no case, the choices open to an accused person whose submission is overruled being those set out in the well-known judgment of Kingdon C.J. in R. v. Ajani (1936) 3 W.A.C.A. 3 at p. 7 which I quote:
“(a) If at the close of the case for the prosecution his Counsel, if he was represented, made no submission, he can be properly convicted upon evidence subsequently given. and
(b) If at the close of the case for the prosecution, he, being unrepresented and probably completely ignorant of procedure, made no submission, he can be properly convicted upon evidence subsequently give…