LEGAL PRINCIPLE: EVIDENCE LAW – Hearsay Evidence – Test for Admissibility and Inadmissibility
PRINCIPLE STATEMENT
Evidence of a statement made to a witness by a person not called as a witness is hearsay and inadmissible when the object is to establish the truth of the statement. It is not hearsay and admissible when the object is to establish the fact that the statement was said.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Kala v. Potiskum & Anor (1998) NLC-1981994(SC) at pp. 16; Paras D--E.
"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 establish the truth of what is contained in the statement. It is not hearsay and admissible when it is proposed to establish by evidence not the truth of the statement but the fact that it was said."
EXPLANATION / SCOPE
The hearsay rule excludes out-of-court statements offered for their truth. The rule does not exclude statements offered to prove that they were made. The principle applies to both civil and criminal proceedings. The court must identify the purpose of the evidence. The distinction is critical for admissibility. The rule promotes the reliability of evidence. The party offering the evidence must clarify its purpose.
