evidence not the truth of the statement but the fact that it was said. Kala vs. Potiskum (1998) 3 NWLR (pt.540) 1 SC." Per NDUKWE-ANYANWU, J.C.A. (P. 35, paras. C-E) (...read in context) 6. EVIDENCE - HEARSAY EVIDENCE: What is hearsay evidence "Hearsay evidence is an evidence which does not derive its value solely from the credit given to the witness himself, but which rests also, in part, on the veracity and competence of some other person. Thus, where a third party relates a story to another as proof of the contents of a statement, such story is hearsay. Judicial service Committee vs. Omo (1990) 6 NWLR (Pt.157) 407 CA." Per NDUKWE-ANYANWU, J.C.A. (P. 35, paras. A-C) (...read in context) 7. POLICE - INVESTIGATING POLICE OFFICER: Job discription of an Investigating Police Officer "It appears the learned Appellant's counsel does not appreciate fully the job description of an Investigating Police Officer. He just investigates crimes. Invariably an Investigating Police Officer is hardly ever at the crime scene. His investigation comes after the crime had been committed. An Investigating Police Officer obtains statements from accused persons and witnesses alike. He thereafter testifies in court giving a synopsis of what he did during the investigation. He tenders the statements of both accused and in some cases that of witnesses. He also tenders some documents and exhibits obtained during investigation. The Investigating Police Officer therefore gives direct evidence as to what he has done during the investigation of the crime. The evidence of the Investigating Police Officer is not by any standard hearsay. He gives an account of what he has done in the process of his investigations. The trial Judge was right in holding that the Investigating Police Officer gave evidence of what he did during his investigation as part of his duties." Per NDUKWE-ANYANWU, J.C.A. (P. 36, paras. B-G) (...read in context) 8. CRIMINAL LAW AND PROCEDURE - MURDER: What the prosecution must prove in a charge of murder "In a charge of murder the prosecution must prove; 1. That the deceased had died; 2. That the death of the deceased was caused by the accused; and 3. That the act or omission of the accused was intentional with the knowledge that death or grievious bodily harm was its probable consequence. See Ogba vs. the State (1992) 2 NWLR pt.222 page 164, Nwaeze vs. The State (supra)" Per NDUKWE-ANYANWU, J.C.A. (Pp. 36-37, paras. G-B) (...read in context)

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