LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Trial — Calling Witness After Close of Defence — Court’s Power Under Section 200 of Criminal Procedure Law
PRINCIPLE STATEMENT
A trial court at any stage of the trial may call any person as a witness or recall any witness including the accused if his evidence appears to the court to be essential to the just decision of the case.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Orisakwe v. State (2004) NLC-2352002(SC) at pp. 19–21; Paras E–B.
"A trial court at any stage of the trial may call any person as a witness or recall any witness including the accused if his evidence appears to the court to be essential to the just decision of the case."
EXPLANATION / SCOPE
Section 200 of the Criminal Procedure Law empowers a trial court to call or recall witnesses at any stage if essential for just decision. The power exists even after close of defence. The principle applies to criminal trials. The rule enables courts to ensure complete justice. The court exercises this power sparingly and only when essential. Fair hearing must still be accorded to all parties.
