Finally, the Defendant did not in his Extra-Judicial Statements admit or
confirm that he received the sum of Twenty Four Million, Three Hundred
Thousand Naira (N24, 300, 000) meant for Grains. The fact that Mr.
Abdulrahman Mohammed said that it was sent in the same manner in which
he usually handed Monies over to the Defendant has not in any way changed
the Nature of the Evidence regarding the Information received from Mr.
Adamu Aboki as Hearsay evidence.
As regards the argument that Mr. Wubon’s confirmed the Evidence of Mr.
Abdulrahman Mohammed, Learned Counsel submitted that Contradictory
Evidence, cannot be used to confirm or corroborate another Contradictory
Evidence.
In view of the denial of such allegation by PW5 and PW8 against him, was
an essential Witness, and the mere fact that Mr. Adamu Aboki did not sign
the Memo, and the fact that the Grains were not given to him, did not mean
that he was not a Material Witness, because he was the Intermediary.
NOW, after a careful consideration of all the Oral Evidence led, as well as the
Documentary Exhibits tendered in respect of the Charge on Grains, the Court
finds that of the Six Witnesses called by the Prosecution to testify in this
regard, Learned Counsel representing the Defence had contended that the
evidence rendered by PW5, PW8, PW9 and PW12 were Hearsay Evidence
narrated out of what they heard and not as a result of their own direct
knowledge. It is also important to note that the Evidence of PW9 and PW12,
the two Investigating Police Officers were also challenged on the basis of the
Fact that they were absent during the incidences they narrated on.
It is therefore important to initially treat these contentions in order for the
Court to determine the quality and worth of their evidence before the Court.
Learned Senior Counsel for the Prosecution had qualified Hearsay Evidence,
urging the Court to place reliance on their evidence.
Now, in Conjunction with the Earlier Principles on Hearsay, the Basic Rule at
Common Law is that Hearsay Evidence was inadmissible in Criminal
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