LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Prosecution Witnesses — Contradictions on Material Points — Hostile Witness Requirement
PRINCIPLE STATEMENT
Where one prosecution witness contradicts another on a material point, the prosecution must lay a foundation, such as showing the witness is hostile, before asking the court to reject one testimony in favour of another. The prosecution cannot pick and choose between witnesses it called.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC (quoting Fatayi-Williams, JSC), in Ubani & Ors v. State (2003) NLC-2722002(SC) at p. 11; Paras A–C.
"Where one witness called by the prosecution in a criminal case contradicts another prosecution witness on a material point, the prosecution ought to lay some foundation such as showing that the witness is hostile before they can ask the court to reject the testimony of one witness and accept that of another witness in preference for the evidence of the discredited witness. It is not competent for the prosecution which called them to pick and choose between them."
EXPLANATION / SCOPE
The prosecution cannot choose between its own witnesses without showing hostility. A foundation must be laid. The principle applies to criminal trials. The court may reject testimony if the witness is declared hostile. The rule protects fairness. The prosecution must present its case consistently. The principle is well-established.