CRIMINAL PROCEDURE — Prosecution Discretion — Calling of Witnesses — No Obligation to Call All Witnesses
Principle Statement
Although the burden on the prosecution is to prove its case against the accused person beyond reasonable doubt, the prosecution, has a discretion to call only those witnesses required to unfold its case. The law does not impose on the prosecution, the duty or function of both the prosecution and the defence.
Ratio Decidendi (Source)
Per OGBUAGU, J.S.C., in Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC) at p. 14; Paras B–C.
"Although the burden on the prosecution is to prove its case against the accused person beyond reasonable doubt, the prosecution, has a discretion to call only those witnesses required to unfold its case. The law does not impose on the prosecution, the duty or function of both the prosecution and the defence."
Explanation / Scope
This principle establishes that the prosecution has discretion to call only witnesses needed to unfold its case. It is not obliged to call all witnesses. The principle applies in criminal trials. It ensures that the prosecution is not overburdened. The principle reflects that the prosecution does not act for the defence. It prevents challenges based on failure to call all witnesses. The court must assess the evidence called. The principle provides guidance on prosecutorial discretion.
