EVIDENCE LAW — Evidence — Proof of Evidence — Distinction from Evidence Tendered in Court
Ratio Decidendi
Per Tabai, JSC, in Mohammed v. State (2007) NLC-123-147-2005(SC) at p. 7; Paras A–E:
"Evidence in section 286 of the Criminal Procedure Act means no less than that tendered in court and tested or liable to be tested in cross-examination and is quite distinct from statements contained in the proof of evidence."
Explanation / Scope
The proof of evidence is a summary of the prosecution’s intended witnesses’ statements, compiled before trial. It is not evidence. The trial only begins when witnesses are called and testify on oath, and documents are formally tendered and admitted. Only that oral or documentary material forms the “evidence” upon which a court can act. The distinction is vital because the proof of evidence is not tested by cross-examination and may contain hearsay or inadmissible matter. This principle reinforces the integrity of the trial process.