HEARSAY EVIDENCE WHEN WITNESS IS NOT THE MAKER

It is trite law that evidence of a witness who is not the maker of such statement is hearsay evidence and generally not admissible. See Sylvester Utteh v State (1992) 2 NWLR part 223-257, SUBRAMANIAN VS PUBLIC PROSECUTOR (1956) 1 WLR 965. State v Masiga (2017) – SC

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HEARSAY RULE EXCEPTED IN TESTIMONY GIVEN BY ANY COMPANY EMPLOYEE

In Ishola v. Societe Generale Bank Ltd. (1997) 2 NWLR (Pt. 488) 405, the apex Court held: it cannot be over emphasized that a company being a legal person or a juristic person can only act through its agents or servants and any agent or servant of a company can therefore give evidence to establish any transaction entered into by that company. Where the official giving the evidence is not the one, who actually took part in the transaction on, behalf of the company, such evidence is nonetheless relevant and admissible and will not be discountenanced or rejected as hearsay evidence. The fact that such official did not personally participate in the transaction on which he has given evidence may in appropriate cases, however, affect the weight to be attached to such evidence, Kate Enterprises Ltd. v. Daewoo (Nig.) Ltd. [1985] 2 NWLR (Pt. 5) 116; Anyaebosi v. R. T. Briscoe (Nig) Ltd. [1987] 3 NWLR (Pt. 59) 84; Chief Igbodim and Ors. V. Chief Ugbede Obianke (1976) 9-10 SC 178, 187 etc.

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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 before bringing them to this court. That much is evident in the contents of Dr Ter’s Certificate in Exhibit PAF 4B above. For the same reason, the argument that Dr Ter is not in a position to answer questions on the said clips and so his evidence on them is hearsay is also non sequitur.

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

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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 is testimony or documents quoting people who are not present in Court, making it difficult to establish its credibility or to test it by cross examination. It is hearsay if the evidence seeks to establish the truth of a statement and not merely the fact that it was made.

— O.A. Otisi, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017

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WHEN OBJECT OF EVIDENCE IS TO PROVE TRUTH OF STATEMENT MADE BY ANOTHER, IS HEARSAY

Subramaniam v. Public Prosecution (1956) 1 WLR 965 at 969, it was held that: “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 prove the truth of the facts asserted by the statement. It is not hearsay and is admissible when it is proposed to establish by evidence not the truth by the statement but the fact that it was made'”

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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”.

HEARSAY EVIDENCE NOT ADMISSIBLE

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HEARSAY EVIDENCE WHEN WITNESS IS NOT THE MAKER

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HEARSAY RULE EXCEPTED IN TESTIMONY GIVEN BY ANY COMPANY EMPLOYEE

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HEARSAY DOES NOT ARISE FROM SECTION 84 EVIDENCE ACT 2011

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MEANING OF HEARSAY

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WHEN OBJECT OF EVIDENCE IS TO PROVE TRUTH OF STATEMENT MADE BY ANOTHER, IS HEARSAY

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WHEN IS A TESTIMONY HEARSAY

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