There is also the contention by the Defendants’ Counsel that the
failure to call the nominal complainant i.e one Mrs. Sonia victor
and her husband one Mr. victor is fatal to the prosecution’s case.
Now the law imposes no obligation on the prosecution to call any
number of witness to prove its case. All it needs to do is to call
enough material witnesses to prove its case, and in so doing, it
has a discretion in the matter. See the cases of UDO V STATE
(2006) 15 NWLR (pt1001) Page 179 and IMHANRIA V
NIGERIA ARMY (2007) 14 NWLR (pt 1053)page 76.
It is not also the law that a nominal complainant must personally
testify in a case. Where there is enough material evidence to
establish or prove the case then the presence of the nominal
complainant can be dispensed with. See UGWU V STATE
(1998)7 NWLR (pt 558. Page 397.
The proper question is therefore not whether the mere failure to
bring the nominal complainant to testify before this Court is fatal
to the prosecution’s case; but whether there is sufficient material
evidence adduced to prove the charges before this Court beyond
reasonable doubt?
In the instant case the nominal complainant did not appear
before this Court to give evidence. This brings me to exhibit 7
which was admitted in evidence at trial as the nominal
complainant’s extra- judicial statement to the Economic and
Financial Crime Commission. While exhibit 7 is admissible in law,
the weight to be attached to same is a different matter which
must be considered by this Court as it is the law that the mere
fact that a document is admissible does not mean weight must
ipso facto be ascribed to it. See OKECHUKWU NWESI V THE
STATE (2011) LPELR 4649 (CA).
Exhibit 7 was at trial admitted in evidence as the nominal
complainant’s extra-judicial statement to the Economic and
Financial Crime Commission. She however did not appear to give
evidence at the trial of this matter. PW3 stated that he discovered
she was in America for her Master program when he tried to
secure her attendance in Court. What then is the weight to be
attached to her statement (exhibit 7) before this Court? The
position of the law is that such statement must amount to
naught. See EKPEN YONG V STATE (1991) 6 NWLR (pt 200)
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