bring the Money to the Governor’s Lodge on the Instruction of the Defendant
meant to achieve? Did Mr. Abdulrahman Mohammed state what he heard
from Mr. Aboki to prove the Truth of what he heard Mr. Aboki say? Or did he
state that he heard the Instructions from Mr. Aboki to prove the fact that Mr.
Aboki told him?
The evidence of Mr. Wubon that Mr. Aboki told him that Reverend Jolly
Nyame directed Mr. Wubon to raise a Memo for the Purchase of Grains, but
that instead of Grains, Security Equipment would be Purchased is certainly
not evidence that Security Equipment were actually bought. It is merely
evidence that Mr. Adamu Aboki said so. The Truth in the Statement
conveyed to Mr. Wubon will be Hearsay, but the fact of the Statement is
certainly not Hearsay.
The evidence of Mr. Abdulrahman that Mr. Aboki told him that Jolly Nyame
said he should deliver the Money to the Governor’s Lodge is neither here nor
there to the fact that the Money was actually delivered.
All in all, a Statement 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 is admissible, when it is proposed to establish by the
evidence, not the Truth of the Statement, but the Fact that it was made.
As regards the Veracity of Mr. Japheth Wubon’s claim that Mr. Adamu Aboki
told him of Reverend Jolly Nyame’s Instruction, which he complied with and
the arguments, running contrary to this claim, and the Truth of Mr.
Abdulrahman’s claim that Mr. Adamu Aboki was told by the Defendant to
instruct him, will be found in the facts surrounding the Purchase of Grains.
As regards the evidence of PW9 and PW12 being Hearsay Evidence, as
Earlier stated above, it is clear that they are the Investigating Police Officers
and in the Case of KAMILA VS THE STATE (2018) LPELR – 43603 (SC),
SANUSI JSC, AT PP 22-23, PARAS D-A held the view that the Evidence of an
IPO does not amount to Hearsay Evidence because as an IPO, he narrates to
147