CRIMINAL PROCEDURE — Witnesses — Prosecution’s Discretion to Call Witnesses — No Obligation to Call Host of Witnesses
Ratio Decidendi
Per O.O. Adekeye, JSC, in Afolalu v. State (2010) NLC-123-193-2008(SC) at p. 17, para. E – p. 18, para. A:
"The law does not impose any obligation on the prosecution to call a host of witnesses to prove its case, all it needs to do is to call enough material witnesses to prove its case and in doing so, it has discretion in the matter. The right of the prosecution to call witnesses required to prove its case is not a mere privilege but a prerogative. It does not lie in the mouth of the defence to urge the prosecution to call a particular witness. Where the prosecution fails to call a particular witness there is nothing stopping the defence from calling that witness."
Explanation / Scope
This principle establishes that the prosecution has discretion to call only material witnesses sufficient to prove its case; it is not obligated to call all available witnesses. The principle applies in criminal trials. It ensures that the prosecution is not overburdened. The principle reflects that the prosecution’s right to call witnesses is a prerogative, not a privilege. It prevents the defence from dictating which witnesses the prosecution should call. The court must determine if sufficient evidence was adduced. The principle provides guidance on the prosecution’s discretion to call witnesses.