M.A. Mustapha Esq: Which day was the statement of the 2nd suspect
made?
PW3:
I can’t remember.
M.A. Mustapha Esq: Have a look at this document and tell the court if it
is the statement of the 2nd suspect.
PW3:
The document shown to me is the statement of Ibrahim
Ibrahim Magaji the 2nd suspect.
M.A. Mustapha Esq: We seek to tender the statement in evidence.
A.A. Illo AG/PT: We object to the admissibility of the statement because
no proper foundation has been laid and urge the court to
reject same.
M.A. Mustapha Esq: We have laid the proper foundation because the
witness informed the court who recorded the statement of the
2nd suspect. We urge the court to admit it.
Ruling
Court:
Admissibility though has always been a question of
relevancy, not all relevant evidence is admissible if the
admissibility of the evidence sought to be tendered is contrary
to law. It follows therefore that if a piece of evidence is not a
legally admissible evidence, such evidence will not be
admitted even if it is relevant because relevancy is not the
only yardstick of admissibility. PW2 who made the statement
sought to be tendered, testified before this court and was
asked questions about the statement sought to be tender, yet
the defence counsel decided not the tender the statement
through the maker. Any document sought to be tendered in
evidence must be tendered through its maker or a person who
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