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PROSECUTION OWES NOT THE COURT A DUTY TO CALL HOST OF WITNESSES

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Dictum

The prosecution does not have the obligation to put forward two versions of one incident. See ONUBOGU v. THE STATE (supra); BOY MUKA v. THE STATE (supra); ALFRED ONYEMENA v. THE STATE (1974) ALL NLR 522. Once the prosecution can prove their allegation beyond reasonable doubt with the witnesses they have screened and selected, they would have discharged the burden of proof cast on them by law. They owe neither the Court nor the accused the duty to call a host of witnesses, or a particular witness.

— E. Eko, JSC. Galadima v. State (2017) – SC.70/2013

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COURT SHOULD DISALLOW IRRELEVANT QUESTION DURING EXAMINATION

A court has a duty to disallow a question which is not relevant to the proceedings; but a question which is relevant can freely be put to a witness and must be answered, although the weight to be attached to the answer is an entirely different matter. Thus relevance and admissibility are closely knit together while the question of weight appertains to the province of evaluation and should, as always, be kept in separate compartment.

– Achike JCA. Adeyemi v. Edigin (1990)

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WHO IS A TAINTED WITNESS?

However, and for whatever it is worth, the law is settled that a tainted witness is a person who is either an accomplice or who on the evidence may be regarded as having some purpose of his/her own to serve – see R vs Enahoro (1964) NMLR 65; Ifejirika vs The State (1999) 3 NWLR (pt. 593) 59; Ogunlana vs The State (1995) 5 NWLR (Pt. 395) 266.

— W.S.N. Onnoghen, JSC. Moses v State [2006] – S.C.308/2002

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WHEN IS A WITNESS TAINTED

The position is that a tainted witness is either an accomplice or a witness who has an interest to defend or a purpose to serve in a case in which he is called upon to give evidence as a witness. It has to be shown that the witness has some peculiar interest to protect or purpose to serve in the evidence he gives in a case in order to make him a tainted witness.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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NO LAW SAYS A RELATION CANNOT GIVE EVIDENCE

No law says a relation could not give evidence of what he knew, simply because he is related to the party in whose favour he is to give the evidence.All that is necessary, in such situation, is for the Court to warn itself of the danger of the likelihood of partisanship – see Idowu v. The State (2011) LPELR-3597 (CA) 69-70, D-B.

— O.O. Arowosegbe, J. Danjuma v Royal Salt Ltd. & Anor. (2020)

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THE PROSECUTION NEED NOT CALL A HOST OF WITNESSES

There is no doubt that the defence is not to determine how many witnesses the prosecution will call to testify in Court. The State is at liberty to call only one witness or as many as it desires as long as the testimony of a sole witness is sufficient to establish the ingredients to the charge. See; Bayo Adelumola Vs. The State (1988) NWLR (pt.73)683; (1988) LPELR 119 (SC).

— O. Ariwoola, JSC. Galadima v. State (2017) – SC.70/2013

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WHETHER OR NOT A WITNESS IS AN ACCOMPLICE IS ONE OF LAW

The question whether or not a witness is an accomplice is one of law not of fact and if, as here, the learned trial Judge erred in regarding P.W.(18) as an accomplice (to the crime of conspiracy) it is certainly open to an appellate court (and in this instance, the Federal Court of Appeal) to reverse the erroneous view of the learned trial Judge.

— Idigbe, JSC. Ishola v State (1978) – SC.8/1977

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