LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Trial — Procedural Irregularity — When It Vitiates Proceedings
PRINCIPLE STATEMENT
It is irregular for a trial Judge to recall an accused or call a witness after the close of defence. However, this contradicts section 200 which allows a trial court at any stage to call any witness if essential to the just decision of the case.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Orisakwe v. State (2004) NLC-2352002(SC) at p. 21; Paras A–C.
"It follows that it is irregular for a trial Judge to recall an accused or call a witness after the close of defence. However, this dictum appears to me to contradict the specific provisions of section 200 of the Criminal Procedure Law, Cap. 31, which allows a trial court at any stage of the trial to 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 permits calling or recalling witnesses at any stage if essential for just decision. General irregularity must yield to statutory empowerment. The principle applies to criminal trial procedure. The rule prioritizes statutory authority over general procedural norms. The court’s power under section 200 is explicit and operative.
