EVIDENCE - Calling of Witnesses - Whether a refusal by an appellant to take advantage of the facilities offered him of arranging for the presence of his witnesses amounts to a denial of fair hearing

EVIDENCE – Calling of Witnesses – Whether a refusal by an appellant to take advantage of the facilities offered him of arranging for the presence of his witnesses amounts to a denial of fair hearing

“In the case of Thomas Sorunke v. The King (supra), the Privy Council expressed the view that it is not within the province of the trial Judge in determining whether or not he should allow witnesses to be summoned on behalf of the accused to take into consideration the probability of the witnesses being able to give material evidence, though their Lordships added that: “In any case the Court can always protect itself by issuing process, but if convinced that the lateness of the application is not due to genuine mistake or justified reason it can refuse to adjourn the trial.”

Per GEORGE BAPTIST AYODOLA COKER, JSC in OMEGA V. THE STATE (1964) LCER-325(SC) (Pp 11 – 12, Paras F – C) #

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EVIDENCE – Calling of Witnesses – Whether a refusal by an appellant to take advantage of the facilities offered him of arranging for the presence of his witnesses amounts to a denial of fair hearing

Per GEORGE BAPTIST AYODOLA COKER, JSC in OMEGA V. THE STATE (1964) LCER-325(SC) (Pp 11 – 12, Paras F – C) #

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