LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Amendment of Charge — Procedure — Recalling Witnesses
PRINCIPLE STATEMENT
Whenever there is an amendment to a charge after the commencement of a trial, the accused has the right to recall witnesses who had already testified for further cross-examination and to call further witnesses that the court may consider material.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Princent & Anor v. State (2002) NLC-1582001(SC) at p. 14; Paras E–A.
"It is trite law that whenever there is an amendment to a charge after the commencement of a trial, it is the right of the accused to be permitted to recall witnesses who had already testified before the amendment for further cross-examination and also to call further witnesses that the court may consider to be material in the light of the amendment."
EXPLANATION / SCOPE
After an amendment, the accused has the right to recall prosecution witnesses for further cross-examination. The accused may also call additional witnesses. The court must grant this right. The purpose is to ensure that the accused is not prejudiced by the new charge. The right is mandatory, not discretionary. The court must give the accused an opportunity to exercise the right. The principle is a safeguard against unfairness. The trial judge should ask the accused if he wishes to recall witnesses. Failure to afford this right may vitiate the trial. The rule applies to all amendments after trial has commenced. The accused may waive the right, but the court must offer it.