LEGAL PRINCIPLE: EVIDENCE LAW – Hearsay – Use of Published Works Not Testified to by Author
PRINCIPLE STATEMENT
Where a book is tendered, it is no licence for the trial Judge to comb the said exhibit and use any material that came his way as if they were facts pleaded and evidence adduced at the trial. Before the opinion expressed in such a work could become part of the evidence which the trial court could act upon, and in the absence of the writer as a witness, such opinion must be put to another expert in the same field who is a witness in the case for his confirmation.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Nteogwuile v. Otuo (2001) NLC-1631996(SC) at pp. 10–11; Paras D–A.
"Where a book is tendered, it is no licence for the trial Judge to comb the said exhibit and use any material that came his way as if they were facts pleaded and evidence adduced at the trial. Before the opinion expressed in such a work could become part of the evidence which the trial court could act upon, and in the absence of the writer as a witness, such opinion must be put to another expert in the same field who is a witness in the case for his confirmation."
EXPLANATION / SCOPE
Tendering a book does not allow the judge to use any material as if it were pleaded facts and evidence. The opinion expressed in a published work, without the author as a witness, must be put to another expert witness for confirmation to become evidence the court can act upon. The book itself is not evidence of the truth of its contents. The author must be called or the opinion confirmed by an expert witness. The court cannot comb through the book and extract facts not proved at trial. The principle prevents reliance on unsubstantiated opinions. The rule protects against hearsay. The opposing party must have opportunity to cross-examine.
