LEGAL PRINCIPLE: EVIDENCE LAW – Hearsay – Police Statement of Non-Testifying Witness Is Inadmissible
PRINCIPLE STATEMENT
A statement to the police by a witness who does not testify at trial is inadmissible hearsay. It cannot be admitted to prove the truth of its contents, nor to contradict a non-existent witness.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Okoro v. The State (1998) NLC-1351997(SC) at pp. 12–13; Paras B–C.
"Exhibit E would only have been admissible to contradict Alhaja Taibatu or test her credibility had she given evidence in this case. But she did not give evidence. It was wrong of the learned trial Judge to have admitted, in evidence, her statement to the police, Exhibit E."
EXPLANATION / SCOPE
Police statements of non-testifying witnesses are hearsay. They are inadmissible unless the witness is unavailable and the conditions of section 34(1) of the Evidence Act are met. The principle applies to criminal and civil cases. The statement cannot be used to contradict a witness who does not testify. The court cannot rely on such evidence. The rule protects the right to cross-examine. The prosecution must call the witness or show unavailability. The principle prevents the use of unsworn statements as substantive evidence.