INNOVATIONS IN EXCEPTIONS TO THE HEARSAY RULE IN NIGERIA1

Abstract

The popular definition of a hearsay statement originated in Cross on Evidence as: an ‘assertion other than one made by a person while giving oral evidence in the proceedings and which is inadmissible as evidence of any fact asserted’. As a general rule, hearsay is inadmissible. The origin of the applicability of the rule against hearsay in Nigeria is the common law as the repealed evidence Act did not employ the word ‘hearsay’ and did not define it. The rule has applied and developed in Nigeria and has been recently recognized statutorily by the Evidence Act, 2011. This article examines the rule as it was prior to and as presently stipulated in the Evidence Act 2011 together with exceptions to the rule, identifies the changes and highlights the innovations of the Evidence Act 2011.