EVIDENCE LAW — Prosecution Witnesses — Duty to Call Witnesses — Prosecution Not Bound to Call All Available Witnesses
Principle Statement
It is trite that it is the sole duty of the prosecution to prove its case beyond reasonable doubt by calling all material witnesses. This 'onus probandi' must be duly satisfied and once this has been done, it does not matter if some potential or likely witnesses were not called by the prosecution. After all the prosecution is not duty bound to call all available witnesses. It is a fact of life that if a part surfaces, the whole is not required.
Ratio Decidendi (Source)
Per Oredola, JCA (as adopted by Tabai, JSC), in Sunday v. State (2010) NLC-123-46-2009(SC) at p. 19; Paras A–C.
"It is trite that it is the sole duty of the prosecution to prove its case beyond reasonable doubt by calling all material witnesses. This 'onus probandi' must be duly satisfied and once this has been done, it does not matter if some potential or likely witnesses were not called by the prosecution. After all the prosecution is not duty bound to call all available witnesses. It is a fact of life that if a part surfaces, the whole is not required."
Explanation / Scope
This principle establishes that the prosecution is not bound to call all available witnesses; only material witnesses sufficient to prove the case beyond reasonable doubt. The principle applies in criminal trials. It ensures the prosecution is not overburdened. The principle reflects that the prosecution has discretion. It prevents challenges based on failure to call all witnesses. The court must determine if sufficient evidence was adduced. The principle provides guidance on the prosecution’s duty to call witnesses.
