Justice James Omotosho of the Federal High Court, Abuja, on Thursday declined a request by defence counsel in the trial of former Minister of Power, Saleh Mamman, to call a prosecution witness as a defence witness.
The ruling was delivered during proceedings in the alleged N33.8 billion fraud case against the former minister.
The defence counsel, Femi Atteh (SAN), had urged the court to allow Abdulkareem Ibrahim Ozi — who earlier testified as Prosecution Witness Two, to give evidence for the defence on the strength of a subpoena.
Atteh argued that the witness was the maker of certain documents tendered in evidence and that clarification on the exhibits would assist the defence.
However, prosecution counsel, Rotimi Oyedepo (SAN), objected, contending that the witness had already testified, was cross-examined and discharged by the court, and could not be recalled in that manner. He described the move as procedurally improper.
In his ruling, Justice Omotosho held that a witness who had testified and been discharged could not be recalled to testify for the defence without a formal application.
“What I know is that a witness having testified in court, even though he is a witness of the court, having been cross-examined by the other party, he can’t be called to give evidence without reason. This procedure is strange and not known to our jurisprudence,” the judge said.
He, however, noted that the defence was not foreclosed from seeking to recall the witness through a proper written application.
The court subsequently discharged the witness from the witness box.
Following the ruling, defence counsel informed the court that the defence had closed its case.
Justice Omotosho adjourned the matter to April 13, 2026, for the adoption of final written addresses.