the Court the outcome of his Investigations or Enquiries, or what he
recovered or discovered in the course of his Duty. He must have discovered
or recovered some pieces of Evidence vital to the Commission of the Crime,
which Trial Courts normally consider in arriving at a Just Decision one way
or the other. Similarly, in the Case of OLAOYE VS THE STATE (2008)
LPELR – 43601 (SC), Per SANUSI JSC, the same Dictum was stated.
See Further, the Case of IJEOMAANYASODOR VS THE STATE (2018)
LPELR – 43720 (SC), Per SANUSI JSC, it was held inter alia that “the
Testimony of what the Appellant told the IPO was positive and direct, which
was narrated to him by the Appellant and other Witnesses he came into
contact with in the course of the Investigation of the Case. Evidence of an IPO
is never to be tagged as Hearsay. This Court, in a Plethora of its decided
Authorities had adjudged such evidence as Direct and Positive Evidence, and
therefore not Hearsay Evidence. See also the Case of AROGUNDADE VS THE
STATE (2009) ALL FWLR PT 469 AT 423, Per SANUSI JSC AT PAGE 20 –
21PARAS E- C.
Acombined reading of Sections 14 and 15 of the Evidence Act 2011, which
gives the Court discretion to exclude improperly obtained evidence and
matters the Court should take into account in doing so under Section 14,
shows that the Courts should be interested more in the relevancy of the
Evidence than the manner in which the Evidence was obtained and the
desire to do Justice than Technicalities.
The evidence of PW9 and PW12, the IPOs, by the Pronouncement of the
Supreme Court is therefore not Hearsay Evidence.
Learned Counsel for the Defence had also contended that Mr. Adamu Aboki
was deliberately not called by the Prosecution to testify as a Witness. The
Prosecution responded by stating the efforts they had made to secure his
attendance before the Court. According to the Prosecution, Letters were
written to the State Security Service (SSS) and when they got information
that Mr. Adamu Aboki was contesting for the Elections, a Letter was written
to the Independent National Electoral Commission (INEC) to gather
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