APPEAL COURT IS IN A POSITION TO RE-APPRAISE EVIDENCE ON RECORD

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

IT IS THE PRIMARY DUTY OF THE TRIAL COURT TO EVALUATE EVIDENCE

There is no doubt that the evaluation of evidence and ascription of probative value thereto are the primary duties of the trial court, which had the singular opportunity of seeing and hearing the witnesses testify and an appellate court would ordinarily not interfere. It is also trite that this court will not interfere with concurrent findings of fact by two lower courts, unless it is shown that the findings are perverse, or not based on a proper and dispassionate appraisal of the evidence, or that there is an error, either of law or fact, which has occasioned a miscarriage of justice. See Ogoala v. The State (1991) 2 NWLR (Pt. 175) 509, (1991) 3 SCNJ 61; Saleh v. BON Ltd (2006) 6 NWLR (Pt. 976) 316 at 329 – 330 – C; Agbaje v. Fashola (2008) All FWLR (Pt. 443) 1302, (2008) 6 NWLR (Pt. 1082) 90 at 153- E.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

EVALUATION OF EVIDENCE REMAINS EXCLUSIVE PRESERVE OF TRIAL COURT

The settled principle of law is that it is the trial court which alone has the primary function of fully considering the totality of evidence placed before it, ascribe probative value to it. Put same on the imaginary scale of justice to determine the party in whose favour the balance tilts, make the necessary findings of facts flowing therefrom, apply the relevant law to the findings and come to the logical conclusion. The evaluation of evidence remains the exclusive preserve of the trial Court because of the its singular opportunity of hearing and watching the demeanour of witnesses as they testify and thus the court best suited to assess their credibility of a witness an appellate court would not ordinarily interfere.

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

GUIDING PRINCIPLES FOR EVALUATION OF EVIDENCE

However, when the evaluation of evidence by a particular trial judge is in issue or being challenged, the guiding principles are as follows: (i) whether the evidence is admissible (ii) whether the evidence is relevant (iii) whether the evidence is credible (iv) whether the evidence is conclusive (v) Whether the evidence is probable than that given by the other Party.

– O. Ariwoola, JSC. Tukur v. Uba (2012) – SC.390/2011

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…”