LEGAL PRINCIPLE: EVIDENCE LAW — Information from Accused — Discovery in Consequence of Information — Admissibility under Section 29(1) Evidence Act
PRINCIPLE STATEMENT
Where information from an accused leads to the discovery of a fact, the discovery and the fact that it was made in consequence of the information may be given in evidence, even if the information itself would be inadmissible.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Kareem v. FRN (2002) NLC-3352001(SC) at p. 14; Paras A–C.
"Where information is received from a person who is accused of an offence, whether such person is in custody or not, and as a consequence of such information any fact is discovered, the discovery of that fact, together with evidence that such discovery was made in consequence of the information received from the accused, may be given in evidence where such information itself would not be admissible in evidence."
EXPLANATION / SCOPE
Section 29(1) of the Evidence Act allows the admission of facts discovered as a result of information from an accused. The information itself may be inadmissible (e.g., a confession made to a police officer), but the discovery is admissible. The principle is an exception to the hearsay rule. It applies whether the accused is in custody or not. The prosecution must prove the discovery and its causal link to the accused’s information. The rule encourages the admission of tangible evidence discovered through the accused’s cooperation. The information must lead to a fact previously unknown to the police. The principle balances the rights of the accused with the need for evidence.