The power to admit new, fresh or additional evidence must always be exercised sparingly and with caution. The Court must consider whether there are special circumstances to warrant the grant of the application and whether it would be in furtherance of the justice of the case. See: Uzodinma vs Izunaso (No.2) (2011) 17 NWLR (Pt. 1275) 30 @ 55 B-C.
— K.M.O. Kekere-Ekun, JSC. Williams v Adold/Stamm (2007) – SC.404/2013
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It is settled that evidence led on any matter not pleaded goes to no issue and ought to be disregarded when giving judgment. – Kutigi JSC. Amadi v. Nwosu (1992)
It is wrong and improper to treat the evidence given by a witness in a previous proceeding as one of truth in a subsequent or later proceeding, in which he has not given evidence. See Obawole & Anor. v. Coker (1994) 5 NWLR 416, Alade v. Aborishade (supra); Enang & Anor. V. Ukanem & Ors. (1962) 1 All.N.LR. 530, and Ariku v. Ajiwogbo (1962) 2 S.C.N.L.R 369.
— G.A. Oguntade, JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003
We, however, wish to state that, despite our conclusions above on the objections raised by Respondents to documents tendered by the petitioners, I am still minded to the evaluate evidence adduced and consider the merits of the petition. The only evidence I shall not revisit are Exhibits PBD, PBD1A, PBD1B, PBD1C, PBD1D, PBD1A, PBD2A, PBD3, PBD4, PBE1, PBE2, PBE3, PBE4, PBE5, PBE6, PBF1, PBF2, PBF3 and PBF4 relating to 2nd Respondent’s alleged non-qualification that were tendered by P.W.27, Mr. Mike Enahoro-Ebah, the said documents in our view being bereft of pleadings to sustain them as elaborately stated earlier in this judgment.
— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)
In fact there is no doubt from the endorsement on the motion on notice as regards fees paid, that payment was made for oath taking, but there is no evidence the deponent attested before a commissioner for oath nor evidence of who endorsed on the stamp of the Court of Appeal. It is not sufficient to scribble an initial. Section 84 of the Evidence Act enjoins the court to permit a defective affidavit if satisfied it has been sworn before a person duly authorised. In the instance application the nature of the defect is not one in which this court can exercise discretion and allow same under section 84 of the Act.
— R.O. Nwodo, JCA. Onujabe & Ors. v. Fatimah Idris (CA/A/71/M/2009, 28 June 2011)
It has long been established that the function of the evaluation of evidence is essentially that of the trial Court, Igago v State (1999) LPELR – 1442 (SC) 27; Onuoha V. The State [1998] 5 NWLR (pt. 548) 118. Where the trial Court has unquestionably, evaluated evidence and, justifiably, appraised the facts, it is not the business of an appellate Court to interfere, and to substitute its own views for the view of the trial Court. – Nweze JSC. Abdullahi v. Adetutu (2019)
Very much aware of the findings of facts by the two lower courts in this matter, I must state, all the same, that where the evidence to be evaluated is mainly documentary as here, this court is as in good a vintage position as the trial court. – Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007)
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