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HOW COURT SHOULD EVALUATE EVIDENCE – CONCEPT OF FACT FINDING

Dictum

The law has saddled a trial Court, like the lower Court herein, with the primary duty to evaluate relevant and material evidence, both oral and documentary, after hearing and watching the demeanour of witnesses called by the parties in any proceedings having regard to their pleadings. To discharge that bounden duty, a trial Court must show how and why it arrived at its findings of fact and final determination of the issues before it. It has to be cautious and understand the distinction between summary or restatement of evidence and evaluation of evidence which means assessment of evidence and giving them probative value. It appraises evidence by constructing an imaginary scale of justice and putting the evidence of the parties on the two different pans of the scale. Then, it weighs them to determine which is heavier, not in terms of quantity, but quality of the testimonies, see Mogaji v. Odofin (supra); Olagunju v. Adesoye (2009) 9 NWLR (Pt. 1146) 225; Oyewole v. Akande (supra); Ayuya v. Yonrin (2011) 10 NWLR (Pt. 1254) 135; Adusei v. Adebayo (2012) 3 NWLR (Pt. 1288) 534; Odutola v. Mabogunje (2013) 7 NWLR (Pt. 1356) 522; Ndulue v. Ojiakor (2013) 8 NWLR (Pt. 1356) 311.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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FINDINGS OF FACT WILL NOT BE ORDINARILY DISTURBED

In per Nimpar, JCA. Adepoju v. State (2014) LPELR-23312(CA) “An Appellate Court would not readily interfere with findings of facts by a trial Court except it is perverse and evident on the record”.

In ODOFIN V AYOOLA (1984) LPELR 2227 (SC): “Where a Court of trial which saw and heard witnesses has come to specific findings of facts on the evidence in issues before it, an appellant Court which had no similar opportunity should refrain from coming to different finding, unless it can show that the conclusion of the trial Court was perverse, or that the conclusion would not follow from the evidence before it”.

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WHEN FINDING OF FACT IS SAID TO BE PERVERSE

A finding of fact is said to be perverse – (a) Where it runs counter to the evidence and pleadings. (b) Where it has been shown that the trial court took into account matters which it ought not to have taken into account. (c) Where the trial court shuts its eyes to the obvious. (d) When the decision has occasioned a miscarriage of justice. State v. Agie (2000) 11 NWLR pt. 678 pg. 434 Atolagbe v. Shorun (1985) 1 NWLR pt.2 pg. 360 Adimora v. Ajufo (1988) 3 NWLR pt. 80 pg.1. Akinloye v. Eyiyola (1968) NWLR 92.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

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IF NO PERVERSITY IS SHOWN, FINDINGS OF FACT WILL NOT BE DISTURBED

The trial Tribunal and the court below have arrived at concurrent findings of fact and the attitude of the Supreme Court is replete in a number of judicial authorities which is that except there is established miscarriage of justice or violation of some principle of law or procedure or the findings are perverse the Supreme Court will not disturb such findings. See ADAKU AMADE V. EDWARD NWOSU (1992) 6 SCNJ 59. ONWUJUBA V. OBIENU (1991) 4 NWLR (PART 188) 16; OGUNDIYAN V. STATE (1991) 3 NWLR (PART 181) 519; IYARO V. THE STATE 1 NWLR (PART 69) 256. The list is indeed inexhaustive. I do not find the findings of fact bedeviled by any of these lapses.

— Alaoga, JSC. Akeredolu v. Mimiko (2013) – SC. 352/2013

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WHERE LOWER COURT FINDINGS WILL BE SET ASIDE

Although appellate courts are very slow and reluctant in interfering with the findings of fact by the trial lower courts, nevertheless where such findings are not borne out by conclusive or positive evidence, or where the lower court did not properly evaluate the evidence before making the findings or where the lower court failed to apply the law properly to the facts proved, the appellate courts are under a duty to interfere with such findings. To neglect to do so will certainly occasion a miscarriage of justice sufficient to warrant a superior appellate court to interfere with the trial court’s findings.

– Mahmud JSC. Ogiorio v. Igbinovia (1998)

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PROPER EVALUATION OF FACT NEEDS NO INTERFERENCE FROM APPELLATE COURT

The law is also common knowledge that where a trial Court fails to properly discharge that primary duty or the evaluation value ascribed to and inference/findings made thereon cannot be supported by the evidence adduced before that Court, then an appellate Court is entitled to intervene and interfere with such decisions of the trial Court … However where a trial Court has unquestionably and properly evaluated the evidence adduced before it, an appellate Court has no business to and is usually slow in interfering with decisions arising from such an exercise.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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DUTY OF COURT TO MAKE FINDINGS OF FACT ON EVIDENCE

The point must be made that, it is the primary duty of a trial Court to make findings of fact on evidence adduced before it and ascribe due probative value to same. It is only when the trial court abdicates its duty or fails to perform it properly that an appellate court can step in to perform such a function. Even then, an appellate court can only do so, if the demeanour of witnesses is not in point.

– Afolabi Fabiyi JCA. Mueller v. Mueller (2005)

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