EVIDENCE – CALLING OF WITNESS(ES) – Whether the prosecution is required to call a specific number of witnesses to secure a conviction


“It is also well settled that in proving its case, the prosecution is not required to call a particular number of witnesses or a host of witnesses. All it needs to do is to call enough material witnesses to satisfy the burden of proof. Where the prosecution fails to call a particular witness and the defence deems his evidence crucial to the case, he is at liberty to call that witness himself. See: Afolalu v The State (supra); Olayinka v. State (2007) All FWLR (Pt. 373) 163, (2007) 2 NSCC 505, (2007) 9 NWLR (Pt. 1040) 561, (2007) 4 SC (Pt. 1) 210, (2007) 85 SCM 193, (2007) 8 SC 193; Ochiba v. State (2011) 17 NWLR (Pt 1277) 663, (2012) All FWLR (Pt. 608) 849.” Per KEKERE-EKUN, J.S.C. in ATTO MABA v. THE STATE (2020- LCER-39168-SC) at p. 27

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