LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Criminal Trial — Prosecution Not Obliged to Call Particular Witness
PRINCIPLE STATEMENT
If the evidence of a witness is very essential to the defence of the accused, it is for the accused to call him. The prosecution is not expected to perform the function of the prosecution and that of the defence at the same time.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC) at pp. 26–27; Paras E–A.
"If the evidence of a witness is very essential to the defence of the accused, it is for the accused to call him. He should not expect the prosecution to call the witness since the prosecution is not expected to perform the function of the prosecution and that of the defence at the same time."
EXPLANATION / SCOPE
The prosecution is not obliged to call witnesses essential to the defence. The principle applies to criminal trials. The accused must call his own witnesses. The rule prevents shifting the defence burden. The prosecution need only prove its case. The principle is well-established.