LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Trial — Calling Witness Suo Motu After Close of Defence — Limits of Judicial Interference
PRINCIPLE STATEMENT
After close of defence, the trial Judge may call a witness suo motu if the defence has set up a case ex improviso which no human ingenuity can foresee. The evidence must not be calculated to do injustice but essential to a just decision.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Orisakwe v. State (2004) NLC-2352002(SC) at p. 21; Paras E–A.
"After the close of the case for the defence, the trial Judge can call a witness proprio motu or suo motu if, and only if, the defence has set up a case ex improviso, which no human ingenuity can foresee. But even here it should be made quite clear that the evidence is not such as is only calculated to do an injustice to the accused but one essential to a just decision of the case."
EXPLANATION / SCOPE
Suo motu witness calling after defence close is limited to unforeseen (ex improviso) defence cases. The evidence must be essential to just decision, not calculated to cause injustice. The principle applies to criminal trial procedure. The rule restricts judicial interference to prevent unfair surprise. The court must balance justice against potential prejudice. The power is exceptional, not routine.
