G. S. SOWEMIMO, J.S.C.(Delivering the Leading Judgment): The State has appealed to this court on two grounds against the discharge of the respondent by the High Court and the Federal Court of Appeal. The two grounds are:
(1) that whether the State or the prosecution for that matter says it has no case against an accused person, it is the duty of the court to ignore that statement and summon in witnesses it likes in order to secure conviction.
(2) that although the prosecution had closed its case without appealing against the ruling of the learned trial Judge for not adjourning any further the case he has failed to exercise his discretion judiciously.
The appellant conceded before us that a statement was made closing the case for the prosecution on the ground that no case has been made out against the respondent and that there was no medical evidence to connect the respondent with the death of the deceased. The appellant having made those two concessions, the learned trial Judge discha…