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EVALUATION OF EVIDENCE IS THE PRIMARY FUNCTION OF A TRIAL COURT

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Dictum

“Courts of trial are expected to carry out their sacred duties of review, evaluation and appraisal, as ascription of probative values, when determining cases presented before them, so that as much as possible, cases are decided on admissible and credible evidence. The receipt of relevant evidence is an act of perception, while the evaluation of evidence and findings of facts by a trial Court involves both perception and evaluation. A trial Court that fails in this duty, fails in its duty of being an impartial arbiter in the adversarial system of the administration of justice – Guardian Newspaper V Ajeh (2011) 10 NWLR (Pt. 1256) 574, 582. Thus the evaluation of relevant and material evidence and ascription of probative value to such evidence, both oral and documentary, are the primary functions and within the domain of the trial Court which saw, heard and assessed the witnesses.”

— J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019

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STATUTE SETTING TRIAL TIME LIMIT IS VOID

Bello, JSC, (later CJN, now of blessed memory) in the case of Unongo v. Aku and Ors. (1983) 14 NSCC 563 at 577-578 thus – “One of the powers which has always been recognised as inherent in courts has been the right to control their internal proceedings and to so conduct the same that the rights of all suitors before them may be safeguarded in such a manner that all parties are given ample opportunity to prosecute or defend the cases for or against them without let or hinderance. The old adage that delay of justice is denial of justice has the same force as the maxim that hasty or hurried justice is also a denial of justice. On this account any statute which prescribes time limit within which a trial court must try and determine cases or within which an appeal court must hear and determine appeals is inconsistent with the provisions of Sections 4(8) and 6(9)(b) of the Constitution and is therefore void by virtue of Section 1(3) of the Constitution.”

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DISCIPLINARY PANEL CANNOT TRY OFFENCES IN THE CRIMINAL/PENAL CODE

The trial of erring students for criminal offences or breaches of the criminal code and penal code Laws are not within the jurisdiction conferred. Accordingly the purported investigation by the Investigating Panel and Disciplinary Board and the punishment meted out to the appellants cannot stand and are hereby declared a nullity … It is in the interest of the Government and every individual in this country that the guilt of crime should not be tagged on to any individual without a proper trial in courts of law known as such under the Constitution of the Federal Republic of Nigeria. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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WHERE ORAL EVIDENCE IN PRIOR TRIAL MAY BE USED

Ariku v. Ajiwogbo (1962) All NLR (Pt. 4) 630, Ademola CJF (of blessed memory) delivering the judgment of the Supreme Court stated the law as follows:- “This court has frequently directed attention to the practice, now not uncommon of making use of evidence of a witness in another case as if it were evidence in the case on trial. As was pointed out in Alade v. Aborishade (1960) 5 FSC 167 at 171, this is only permissible under section 33 or 34 of the Evidence Act. Where a witness in a former case is giving evidence in a case in hand, his former evidence may be brought up in cross-examination to discredit him if he was lying, but evidence used for this purpose does not become evidence in the case in hand for any other purpose. There are also prerequisites to the making use of the former testimony of a witness; for example his attention must be called to the former case where such evidence was given and he would be reminded of what he had said on the occasion.”

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PLEA BEFORE TRIAL COMMENCES

The trial does not commence until the plea is taken.

– Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017)

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A TRIAL IS A TEST OF FACT IN ISSUE

A trial is merely the finding out by due examination of witnesses or documents or both, the truth of a point in issue of a question in dispute whereupon a finding is made or judgment is given … A trial is a step in an action, prosecution or other judicial proceeding by which the questions of fact in issue are decided.

– Oputa, J.S.C. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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ALL MEMBERS OF PANEL MUST PARTICIPATE IN TRIAL

The LPDC is not an appellate body but an adjudicator of first instance, all the members who delivered the Directions must have participated in the full trial after utilizing the opportunity of seeing the demeanor of witnesses, etc.

– Ogunwumiju JSC. Gbenoba v. LPDC (2021)

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