prosecution is at liberty to call any witness to prove its
case.
In the case of ALAKE v STATE (1992) NWLR Pt 265 at 269
the Supreme Court held thus: “it is generally correct to say
that the prosecution has a discretion as to who to call as
a witness, it is equally clear that where a vital and or
material witness is not called, such a failure would be fatal
to the case of the prosecution as in this case”.
From the evidence before this court, there is nothing
outside Exhibits N1 – N5 to demonstrate that it is true; the
only evidence outside the purported DW1’s statements
that would have swayed the court or even the Defendant
is the evidence of Himma Abubakar or that of an
accredited representative of the company Societe D’
Equipments
Internationaux
Nigeria
Limited
which
is
alleged to have “corruptly” offered the gifts identified in
the 4 count amended charge to the Defendant.
Under cross-examination of PW4, he stated thus:
“We didn’t take the statement of Abubakar Himma.
As at the last time we know he was in Niger Republic.
No officer to my knowledge went to Niger to
interview Abubakar Himma”
51