"The prosecuting and defence Counsel cross-examined the witnesses and the appellant on their extra-judicial statements made to the police at diverse times. Generally speaking, statements made by prosecution witnesses to the police are for the purposes of their cross-examination to discredit their veracity. See Esangbedo vs. The State (1989) 7 SCNJ 10 at 15-16; Onwe v. The state (1975) 9 NSCC 375 at 381 and Q. vs. Akanni (1960) 5 FSC 120 at 123. But once a witness or a party is cross-examined on a document or in this case the extra-judicial statement of the prosecution witnesses they ought to be put in as exhibits. See Layonu vs. The State (1967) All NLR 220 at 212-214; Ogbuniya vs. Okudo (1980) 1 PLR 173 at 174 and Chief Johnson Uwawah & Ors. vs. Godwin Boyo & Ors. (1971) 1 NMLR 233.

Admissibility of evidence is governed by its relevance. See Sections 4-6 of the Evidence Act, 2011 to wit: "4. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. 5. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or, facts in issue; or which constitute the State of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. 6(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct, whether previous or subsequent to any proceeding:(a) Of any part to any proceeding, or an agent to such party, in reference to such suit or proceeding or in reference to any fact in issue in it or a fact relevant to it; and (b) Of any person an offence against whom is the subject of any proceeding, is relevant in such proceedings if such conduct influences or is influenced by any fact in issue or relevant fact. (3) The word "conduct" in this section does not include statements, unless those statements accompany and explain acts other than statements, but this provision shall not affect the relevance of statements under any other section. (4) When the conduct of any person is relevant, any statement made to him or in his presence and hearing which affects such conduct is relevant." See also Musa Sadau vs. State (1968) 1 All NLR 124 at 129; Agunbiade vs. Sasegbon (1968) 1 NMLR 223 at 226 and ACB Ltd. vs. Alhaji Gwagwada (1994) 4 SCNJ (Pt.2) 268 at 277."(DISSENTING)

Per TUR, J.C.A. IN NWANKWO v. STATE CITATION: (2017) LPELR-42756(CA)