EVIDENCE LAW — Prosecution — Duty to Call Victims and Investigating Officers
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at pp. 17—18; Paras E—A:
"This is because the prosecution of this case had been very badly or even recklessly handled at the trial court where for some reasons not apparent on the face of the record, vital evidence necessary to prove the essential elements or ingredients of the offence of armed robbery from the victims of the offence' the persons who chased and arrested the suspects in the bush who saw and could have identified the suspects to link them with the commission of the offence and the first statement of the Appellant made to the police immediately after his arrest."
Explanation / Scope
This principle establishes that the prosecution should call vital witnesses, including victims, persons who chased and arrested suspects, and investigating officers, to prove the essential elements of armed robbery. The principle applies in criminal trials. It ensures that necessary witnesses are called. The principle reflects the duty of the prosecution. It prevents reckless handling of cases. The court must consider the failure to call witnesses. The principle provides guidance on prosecution witnesses.