WHETHER EVIDENCE ADDUCED DURING TRIAL WITHIN TRIAL CAN BE USED IN THE MAIN TRIAL

“So PW1 was cross-examined by appellant’s counsel at the trial-within-trial, but the law says that a trial within trial is a separate and distinct proceedings from the main trial, therefore, evidence adduced therein “cannot be translated, injected or imported into the main trial”. See Ifaramoye v. State (2017) LPELR – SC, (2017) 8 NWLR (pt 1568) 457. Thus, whatever PW1 said at the trial within trial in evidence in chief or cross examination, stays there and cannot be used, in anyway or form, in the main trial.”

AYOADE V. STATE (2020) 9 NWLR (PT 1730) 577 SC @ 603 PARAS F – G, Per Augie, JSC.