On the issue of hearsay evidence as submitted by the learned defence
counsel were by he submitted that the evidence of PW1, PW2, PW3
and PW6 are hearsay evidence. The evidence of PW1 and PW2 is
clear when they testified that after they discovered about what
happened to their children, they went to Dadin Kowa police station
and reported the matter and later the PW4 and PW5 were taken to
Nana Khadija medical centre Specialist Hospital Sokoto their evidence
in my view was unshaken during cross examination they were
testifying as to what they heard, and observed, therefore their evidence
is not hearsay evidence contrary to the submission of learned defence
counsel.
Also PW3 (the investigating police officer at Dadin Kowa Division)
and PW6 (the IPO from SCID Sokoto), the 2 officials that is the IPOs
narrates to the court the outcome of their investigation or enquiries or
what they discovered in the course of their duty, they must have
discovered or recovered some pieces of evidence vital to the
commission of the crime which courts normally consider in arriving at
just decision one way or the other, their evidence is not and can never
be considered as hearsay evidence having regards to sections 44, 48
and 49 of the Evidence Act 2011.
It was the argument of the learned defence counsel that the Exhibit A
and B were not issue by any Government pathologist serving either
with Federal Government or State Government Hospital.
From the substance of the objection of the learned defence counsel, he
is not challenging the qualification of the medical doctor who sign the
medical report in other word he is not saying the doctor who sign the
medical report is not specially skill in medical science, but that the
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