information as to his whereabouts, but all their efforts to locate Mr. Adamu
Aboki failed.
Now it is Trite Law that the Prosecution is required to call the Number of
Witness or Witnesses who, in his assessment and considered opinion are
necessary and sufficient to establish the Charges framed against the
Defendant.
In the case of ANSELEM AKALONU VS THE STATE (2002) NSCQR VOLUME
10 AT PAGE 1251, PER KUTIGI JSC at Page 1260His Lordship held “how
they get around achieving this, is entirely the business of the Prosecution.
Whether they field one, two or more Witnesses in satisfaction of such proof,
will surely depend on the circumstances of each case. But under no
circumstances will the Accused Person dictate to the Prosecution regarding
the Person or Number of Witnesses that they must field as Witness or
Witnesses”.
In ADESINA& ANOR VS THE STATE (2012) LPELR-9722 (SC) PER
ADEKEYE JSC, concurred with the above, when Heheld that, on the issue of
Witnesses to call, it is the prerogative of the Prosecution to call Witnesses
relevant to its case. He further held as Settled Law the fact that the
Prosecution is not bound to call every Person that was linked to the scene of
the Crime by his physical presence to give evidence of what he saw. Once
Persons who can testify as to the actual commission of Crime have done so, it
will suffice for the satisfaction of proof Beyond Reasonable Doubt in line
with Section 138 of the Evidence Act. See also the Cases of VICTOR ESSIEN
VICTOR VS THE STATE (2013) 6 SCNJ PAGE 32;
Her Lordship, AMINA AUGIE (JCA) (AS SHE THEN WAS, NOW JSC), IN
OSAZUWA & ORS VS ISIBOR & ANOR (2003) LPELR-7295 (CA), AT
PARAS A-B stated that there is no Rule Of Law or Evidence, which lays down
that all Persons who know about a particular fact must be made Witnesses
to testify on the issue before it can be proved. SEE ALSO SIMON VS THE
STATE (2017), (SC) LPELR-41988 PER MUHAMMAD JSC AT PARAS E-F.
See SAMUEL ADAJE V. THE STATE (1979) 6- 9 SC 18 AT PAGE 28; E.O.
149