WHAT APPELLANT MUST DO WHEN HE ALLEGES FAULTY EVALUATION OF EVIDENCE

FOR AN EVIDENCE TO BE RELIED UPON, IT MUST HAVE COGENCY OR PROBATIVE VALUE

The law does not permit evidence which is of no probative value to be relied upon by a party, nor to be acted upon by the court, to support a claim. It is an important aspect of civil procedure that for evidence to be considered useful and which a court can act upon, there are certain basic qualities it must possess. The first consideration is usually the double requirement of relevancy and admissibility. But in essence they can be separated. The evidence must be relevant to a fact in issue, or to any fact which, though not in issue, is so connected with the fact in issue, or relevant to a fact which is inconsistent to any fact in issue or to a fact which by itself or in connection with any other fact makes the existence or non-existence of any fact in issue probable or improbable. S.7 & 12 Evidence Act. It must be admissible having regard to the facts pleaded and if no law or rule precludes its admission: see Emegokwue v. Okadigbo(1973) 4 SC 113; Onobruchere v. Esegine (1986) 1 NWLR (PU9) 799. It must have credibility or cogency thereby enabling the Judge to ascribe some probative value to it having regard to its nature and what it is intended to establish: Misr (Nig.) Ltd. v.Ibrahim (1974) 5 SC 55 at 62; Aikhionbare v. Omoregie (1976) 12 SC 11 at 27. I have had to state the above because Exhibit V neither has cogency nor any probative value which can be ascribed to it.

Rockonoh v. NTP (2001) – SC.71/1995

EVALUATION OF EVIDENCE IS PRIMARY FUNCTION OF TRIAL JUDGE

The evaluation and ascription of probative value are primary functions of the trial court who saw and watched the demeanour of the witnesses who testified at the trial. It is not proper for an appellate court to interfere where the trial court has properly discharged its functions in relation thereto. This appeal court will not interfere with findings of fact where there is sufficient evidence backed by the pleadings in support of such findings and where no substantial error is apparent on the record such as a miscarriage of justice or violation of some principle of law or procedure.

– Musdapher, JSC. Atta v. Ezeanah (2000)

TRIAL JUDGE HAS THE PRIMARY FUNCTION OF EVALUATING EVIDENCE

It is a basic principle of law that the evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a court of trial which saw, heard and assessed the witnesses while they testified before it. The trial court has the exclusive jurisdiction on matters of appraising evidence and ascribing probative value to the evidence of witnesses whom it had the opportunity of seeing, hearing and observing while in the witness box. Where a court of trial unquestionably evaluates the evidence and justifiably appraises the facts and arrives at a conclusion on the credible evidence, the appellate court will not interfere with such findings of fact nor is it the business of such appellate court to substitute its own views of the facts for those of the trial court. What the appellate court ought to do is to scrutinise the record carefully and find out whether there is evidence on which the trial court could have acted. Once there is such evidence on record from which the trial court arrived at its findings of fact, the appellate court cannot interfere with such findings. See: Mufutau Bakare v. The State (1987) 1 NWLR (Pt.52) 579: Ogundiyan v. The State (1991) 3NWLR (Pt. 181) 519: Akpagbue v. Ogu (1976) 6 SC 63; Odofin v. Ayoola (1984) 11 SC 72: Amadi v. Nwosu (1992) 5 NWLR (Pt. 241) 273 at 280 etc.

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

DUTY OF TRIAL COURT; PERCEPTION & EVALUATION OF EVIDENCE

There is a duty in a trial court to receive all available relevant evidence on an issue. This is perception of evidence. After that there is another duty to weigh that evidence in the context of the surrounding circumstances of the case. This is evaluation of evidence. A finding of fact will entail both perception and evaluation. But very often in actual practice it is difficult to say when perception ends and evaluation begins.

– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)

WHEN WEIGHT OF EVIDENCE IS ALLEGED, MEANING

In the case of AWUSA v. NIG. ARMY (2018) LPELR-44377 (SC) the Apex Court held that: “The position of the law is that when an Appellant alleges that a decision is against the weight of evidence, he means that when evidence he adduced is balanced against that of the Respondent. Judgment in the Respondent’s favour is against the weight that should have been given to the totality of the evidence adduced – See Akinlagun v. Oshoboja (2006) 12 NWLR (Pt. 993) 60 at 82 SC. The complaint is only concerned with appraisal and evaluation of all the evidence and not the weight to be attached to any particular piece of evidence…”