Res gestae is an English doctrine of Latin origin statement that constitute part of res gestae are attributed a certain degree of reliability because they are contemporaneous, making them admissible by virtue of ‘the nature and strength’ of their connection with a particular event and their ability to explain it comprehensively. It is a doctrine with a notable’s significance In Nigeria evidence law in respect of admissibility of evidence in prove of relevant fact to fact in issue or similar fact. As such, in this assignment, nature of res Gestae will be discuss, position of its admissibility under the appealed act and the new act will be juxtaposed as well.
Nature of Res Gestae
Singularly-Res Gestae which in it Latin origin roughly translated means “ things done” or “part of the matter” or “the transaction” or “event which occurred” or in a loose sense, define as whatever fact whether they are act(s) or series of acts, omission, declaration said by either of the parties or occurrences that constitute or form the environment of a man act or event especially of a crime and are so closely connected in point or immediately accompany or explain the main act charge that they constitute part of a continuous transaction and can serve to illustrate it character.
Res Gestae entails those fact though not in issue must also be proved as they are also relevant to fact in issue in the sense that they are closely associated with or accompanied, connected and explain that fact in issue because it throws more light on it as a result of its immediate or close proximity of the declaration or act to the main event in point of time, place and circumstances that they are said to be part of the transaction and hence (Res Gestae) that is relevant notwithstanding they might otherwise fall foul of one of the exclusionary rule of evidence especially the rule against hear say.