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ABSTRACT
The rule against Hearsay forms one of the exclusionary rules set up as a stockade against the admissibility of prejudicial evidence in any adversarial trial. This research examines the extent and limitations of Hearsay Evidence in Nigeria. It seeks to advocate the expansion of the frontiers of the admissibility of Hearsay Evidence in Nigeria. This research examines the Hearsay Rule in Nigeria and makes a comparative analysis with other Jurisdictions. This research finds that Nigeria should take a leave from other jurisdictions that have made certain evidence to be admissible as Hearsay Evidence. It recommends that on the issue of safeguards for the parties who are subjected to hearsay evidence, the Evidence Act should be amended to state explicitly that where it is known in advance of the trial that a party will seek to adduce hearsay evidence, the rules of court should require that party to notify the other party of their intention to do so in order to avoid surprises. It recommends that Section 37 of the Evidence Act of 2011, Nigeria's main statute governing hearsay evidence, be revised to allow courts to accept a considerably broader range of evidence based on a reasonable set of criteria of reality, convenience, fairness, and public policy. It concludes that apart from the exceptions listed in Sections 38-45, it is proposed that the law be amended to allow for the spectrum of evidences that Section 37 of the Evidence Act can encompass.
