EVIDENCE – HEARSAY EVIDENCE – Effect where a statement substantially evinces truth and facts though with dots of hearsay


“Contradictions in evidence and hearsay cannot be put on the same pedestal as the Appellant’s learned Counsel has attempted to do. The evidence or testimony of PW4 is not contradictory to be jettisoned by the Court. Although, he alleged that some are partially hearsay because it was not witnessed by the father of the deceased little girl directly, it should be rejected wholly. I think this is taken too far and the core of justice cannot be achieved. A statement of evidence is either hearsay to be completely rejected or not. Where a statement substantially evinces truth and facts, though with dots of hearsay, it can only affect the weight and quality of it and not that it should be rejected. By this, the little portion can be severed from the truth.” Per UWANI MUSA ABBA AJI, JSC SAMA’ILA v. STATE (2021-LCER-40498-SC) (Pp 34 – 35; Paras C – A)

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