NATURE OF HEARSAY EVIDENCE – RATIONALE FOR HEARSAY EVIDENCE EXCLUSION

Now, the law is settled that any statement made to a witness by a person who is not himself called as a witness is hearsay if the statement seeks to establish the truth of what is contained therein and therefore inadmissible in evidence pursuant to Section 77 of the Evidence Act. This is because such...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

HEARSAY DOES NOT ARISE FROM SECTION 84 EVIDENCE ACT 2011

The authentication required by Section 84 of the Evidence Act, in the circumstances the video clips in issue were made, is statements assuring the court that they are in the exact same state they were in the internet from where Dr Ter (P.W.19) downloaded them to his laptop computer and subsequently to his flash drives...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHEN IS A TESTIMONY HEARSAY

In the case of Subramaniam vs Public Prosecutor, (1956) 1 WLR 965 at 969, hearsay evidence was described in the following terms: “Evidence of a statement made to a witness called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. It is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement but the fact that it was made”.

Was this dictum helpful?

HEARSAY EVIDENCE NOT ADMISSIBLE

In JAMB V. ORJI (2008) 2 NWLR (PT. 1072) 552, the Court held: “What then is hearsay? Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

REASONS FOR REJECTION OF HEARSAY EVIDENCE

From all the authorities, the salient reasons which appear for the rejection of hearsay evidence include the following: a) That the maker or originator of the statement was not under oath when he made it. b) That there is no opportunity for the cross examination of the maker; c) The likelihood of depreciation of the...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MEANING OF HEARSAY

By the hearsay rule, an assertion other than one made by a person while giving oral evidence in Court is inadmissible as evidence of the facts asserted. In very simple terms, hearsay evidence is any statement made out of Court but offered in Court to prove the truth of the facts asserted in Court. It...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

HEARSAY EVIDENCE WHEN WITNESS IS NOT THE MAKER

Reach more audience. Place advert here.

Was this dictum helpful?

NATURE OF HEARSAY EVIDENCE – RATIONALE FOR HEARSAY EVIDENCE EXCLUSION

Membership Required

HEARSAY DOES NOT ARISE FROM SECTION 84 EVIDENCE ACT 2011

Membership Required

WHEN IS A TESTIMONY HEARSAY

Was this dictum helpful?

HEARSAY EVIDENCE NOT ADMISSIBLE

Membership Required

REASONS FOR REJECTION OF HEARSAY EVIDENCE

Membership Required

MEANING OF HEARSAY

Membership Required