The Appellant submitted that the PW.1’s extra-judicial statement contained in the PIR contradicted her testimony in open Court that she reported robbery and not mere stealing at police station. The PIR is not in evidence. The attempt to put it into the body of legal evidence before the trial Court was rejected by the trial Court. A fact that never forms part of legal evidence before the Court cannot be used nor relied upon by a Court of law to hold that it contradicts an existing legal evidence. I agree with the Respondent’s submission relying on EKPO v. KANU (2012) 12 WRN 132 at 155 that only documents tendered as exhibits are evidence before the Court, and that the Court cannot act on or utilise any document or fact that is not evidence before it in the determination of any disputed facts or matter before it. The PIR, having been rejected, is no longer any credible evidence on which the trial Court could act on. See TERAB v. LAWAL (1992) NWLR (Pt. 231) 569.
— E. Eko, JSC. Kekong v State (2017) – SC.884/2014