LEGAL PRINCIPLE: CRIMINAL LAW – Duty of Prosecution – Calling of Material Witnesses
PRINCIPLE STATEMENT
It is trite that the prosecution has a duty to place before the court all available relevant evidence. This does not mean that a whole host of witness must be called upon the same point, but what it does mean is that if there is a vital point in issue there is one witness who will settle it one way or the other, that witness ought to be called. Where therefore a person accused of murder raises the defence that it was somebody else who killed the deceased, it is part of the onus on the prosecution to prove its case beyond reasonable doubt to disprove that assertion and defence. It is incumbent on the prosecution to rebut the allegation by evidence.
RATIO DECIDENDI (SOURCE)
Per Sylvester Umaru Onu, JSC, in State v. Ajie (2000) NLC-711999(SC) at p. 8; Paras C–E.
"It is trite that the prosecution has a duty to place before the court all available relevant evidence. This does not mean that a whole host of witness must be called upon the same point, but what it does mean is that if there is a vital point in issue there is one witness who will settle it one way or the other, that witness ought to be called. Where therefore a person accused of murder raises the defence that it was somebody else who killed the deceased, it is part of the onus on the prosecution to prove its case beyond reasonable doubt to disprove that assertion and defence. It is incumbent on the prosecution to rebut the allegation by evidence."
EXPLANATION / SCOPE
The prosecution must present all available relevant evidence, but need not call multiple witnesses on the same point. However, where a vital issue exists—and a specific witness could settle it—that witness ought to be called. When the accused raises an alternative perpetrator defence, the prosecution must rebut it with evidence. Failure to call a material witness capable of resolving the vital point may create reasonable doubt. The duty is to present the best available evidence. This ensures the prosecution proves its case beyond reasonable doubt and does not withhold exculpatory or clarifying evidence.