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GUIDING PRINCIPLES FOR EVALUATION OF EVIDENCE

Dictum

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

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DUTY OF TRIAL COURTS IN EVALUATION OF EVIDENCE

“In carrying out the evaluation of evidence, a Court is not to merely review or restate the evidence, but it is expected to critically appraise it in the light of the facts in issue, what is relevant, admissible and what weight is to be attached. In other words, the evaluation of evidence is much more critical, crucial and tasking than a mere review of evidence. For unlike the review of evidence, its actual evaluation involves a reasonable belief of the evidence of one of the contending parties and disbelief of the other, or the reasoned preference of one version to the other. There must be an indication on the record of the Court to show how the trial Court arrived at its conclusion preferring one piece of evidence to the other. Thus, the act of reaching conclusions by drawing necessary inference is a product of a legal mind and not an indulgence in speculation – Aregbesola V Olagunsoye (2011) 9 NWLR (Pt. 1253) 458; Olonade V Sowemimo (2014) 9 SCM 106, 121, per MD Muhammad, JSC; Michael V Access Bank (2017) LPELR-41981(CA)13.”

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

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EVALUATION, ASCRIBING PROBATIVE VALUE, DUTY OF TRIAL JUDGE

Generally, and it is settled law that the evaluation of evidence adduced and ascription of probative value or weight to such evidence is the primary duty of the trial judge who saw and heard the witnesses testified. The trial judge is therefore in a position to access the credibility and watch the demeanour of the witnesses.

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

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COURT OF APPEAL CAN EVALUATE DOCUMENTARY EVIDENCE

By way of prefatory remarks, I must place on record, that documentary evidence form the corpus and integral part of the case. Interestingly, the law, in order to remedy and expel injustice from proceedings, donates concurrent jurisdiction to this Court and the lower Court in evaluation of documentary evidence, see Gonzee (Nig.) Ltd. v. NERDC (2005) 13 NWLR (Pt. 943) 634; Olagunju v. Adesoye(2009) 9 NWLR (Pt. 1146) 225; Ayuya v. Yonrin (2011) 10 NWLR (Pt. 1254) 135; Eyiboh v. Abia (2012) 16 NWLR (Pt. 1325) 51; Odutola v. Mabogunje (2013) 7 NWLR (Pt. 1354); CPC v. Ombugadu (2013) 18 NWLR (Pt. 1385) 66; UTC (Nig) Plc v. Lawal (2014) 5 NWLR (Pt. 1400) 221; Ogundalu v. Macjob (2015) 8 NWLR (Pt. 1460) 96; Onwuzuruike v. Edoziem (2016) 6 NWLR (Pt. 1508) 215; Ezechukwu v. Onwuka (2016) 5 NWLR (Pt. 1506) 529; C.K. & W.M.C. Ltd. v. Akingbade (2016) 14 NWLR (Pt. 1533) 487.

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

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THE APPEAL COURT IS IN A POSITION TO EVALUATE ADMITTED EVIDENCE WHERE IT IS BASICALLY TO DRAW INFERENCES FROM DOCUMENTS

Where however the nature of the case is such that the evaluation would not entail the assessment of credibility of witnesses and would be confined to drawing inferences and making findings from admitted and proved facts and from the contents of documentary evidence, the appellate court is in as vantage a position as the trial court to evaluate or re-evaluate the evidence and make its own findings. These principles have been applied in a number of cases amongst which are WOLUCHEM v. GUDI (1981) 5 SC 291; MOGAJI v. ODOFIN (1978) 4 SC 91; DURU v. NWOSU (1989) 4 NWLR (Part 113) 24; OLADEHIN v. CONTINENTAL ILE MILLS LTD. (1978) 2 SC 28; CHUKWU v. NNEJI (1990) 6 NWLR (Part 156) 363; AKINTOLA v. BALOGUN (2000) 1 NWLR (Part 642) 532 at 546. I have gone through the evidence of the witnesses on record and the judgment of the trial Court and I am firmly of the view that there was no issue of the trial court’s assessment of the credibility of witnesses. The result is that this Court, like the court below, is in as good a position as the trial court to appraise or re-appraise the evidence on record to see if the concurrent findings of the two courts below are not perverse. With respect to the evidence itself, there is a lot of oral as well as documentary evidence. I am however of the view that the issues raised would be resolved mainly by the documentary evidence. I am guided in this view by the settled principle of law that oral evidence is only to be hangars on for documentary evidence.

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

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CASES SHOULD BE EXAMINED ON MERIT

Every effort must painstakingly be made to do justice. A snappy short cut decision bereft of an examination of the merits of the case settles nothing.

– Gumel, JCA. Ehanire v. Erhunmwuse (2007)

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THERE MUST BE IMPROPER EVALUATION FOR APPEAL COURT TO RE-EVALUATE EVIDENCE

Unless and until the appellate Court comes to the conclusion that the trial Court had not carried out its duty of proper evaluation and ascription of probative value to the evidence before it, the duty of the appellate Court to re – evaluate the evidence on the printed records would not arise. The law is that for an appellate Court to embark on such a duty it must be demonstrated that the Court below had either not carried out its duty of evaluation of the evidence led before it or had carried out an improper evaluation of the evidence and had arrived at findings which are perverse, and which ought in law to be set aside so that proper findings as dictated by the proved evidence as in the printed record are made by the appellate Court in the interest of justice and to avoid the perpetuation of injustice should the perverse judgment of the trial Court be allowed to stand.

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

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