Akpasubi v. Umweni (1982) All N.L.R. 306 at 308 where the Supreme Court held that “It is elementary I think that once a trial court rejected the evidence of a witness and the Judge’s decision in regard thereto has not been challenged on appeal that is the end of that evidence for ever”.
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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)
“In any event, section 12(2)(b) of the National Industrial Court Act, 2006 and Order 5 Rule 6 (b) of the Rules of this Court 2017 allows this court to depart from the Evidence Act in the interest of justice, fairness, equity and fair-play. See the case of Mr. Victor Adegboyu V. United Bank for Africa (unreported) Appeal No. CA/IL/20/2021, a decision of the Court of Appeal Ilorin Judicial Division delivered on the 14th day of April, 2022, where the Court of Appeal applied section 12(2) of the National Industrial Court Act 2006 and departed from the provisions of the Evidence Act 2011.”
— P.I. Hamman, J. per para. 2.6. FRN v ASUU (2022) – NICN/ABJ/270/2022
Witnesses have the duty to tell the police as much as they know of a crime at the earliest opportunity in order to be seen as witnesses of truth and a Court of law must be careful in accepting delayed evidence when no satisfactory explanation is given.
– Ogunwumiju JCA. Okeke v. State (2016)
Ajero & Anor. v. Ugorji & Ors (1999) LPELR – 295 (SC), where Onu JSC., had stated inter alia thus: “Indeed, the Court has by a host of decided cases stated that where evidence called by a Plaintiff in a civil case is neither challenged nor contradicted, the onus or proof on him is discharged on a minimum of proof.”
Chief Williams submits that a ruling on admissibility of evidence is provisional as a trial Judge in his final judgment may still exclude evidence that has been admitted if he discovers it has been wrongly admitted. In my respectful view, that submission appears rather too wide. The two authorities cited by him as supporting it do not go as far. In NIPC v. Thompson Organisation (1969) 1 NMLR 99, it is evidence that goes to no issue but wrongly admitted that is held should be expunged when considering the verdict. In Jacker v. International Cable Co. Ltd. 5 TLR 13, another case cited by Chief Williams, it was held there that where matter has been improperly received in evidence in the court of trial, even when no objection has been there raised, it is the duty of the Court of Appeal to reject it and to decide the case on legal evidence. With profound respect to the learned Senior Advocate these two decisions which he cited in oral argument before us do not support the rather wide submission he has made. In my view where evidence is tendered and objected to and the trial Judge, after full arguments by counsel for the parties, admits or rejects same, he cannot later, when considering his judgment reverse himself without hearing the parties; he cannot sit on appeal over his own judgment. Where evidence which goes to no issue has been inadvertently admitted the trial Judge is under a duty to disregard it when considering his verdict. If he fails to do so, an appellate court will.
— Michael Ekundayo Ogundare, JSC. Saraki v. Kotoye (1992) – S.C. 250/1991
A castigation of a decision on the premise that a judgment is against the weight of evidence, invariably couched as an omnibus ground, connotes that the decision of the trial Court cannot be supported by the weight of evidence advanced by the successful party which the Court either wrongly accepted or that the inference it drew or conclusion it reached, based on the accepted evidence, is unjustifiable in law. Also, it implies that there is no evidence, which if accepted, will buttress the finding of the trial Court. Furthermore, it denotes that when the evidence adduced by the complaining appellant is weighed against that given by the respondent, the judgment rendered to the respondent is against the totality of the evidence placed before the trial Court. In ascertaining the weight of evidence, the trial Court is enjoined, by law, to consider whether the evidence is admissible, relevant, credible, conclusive or more probable than that given by the other party, see Mogaji v. Odofin (1978) 3 SC 91; Anyaoke v. Adi (1986) 2 NSCC, Vol. 17, 799 at 806/(1986) 3 NWLR (Pt. 31) 731; Nwokidu v. Okanu (supra) (2010)3 NWLR (Pt. 1181)362; Akinlagun v. Oshoboja (2006) 12 NWLR (Pt. 993) 60; Gov. Lagos State v. Adeyiga (2012) 5 NWLR (Pt. 1293) 291; Oyewole v. Akande (2009) 15 NWLR (Pt. 1163) 11; Agala v. Okusin (2010) 10 NWLR (Pt. 1202) 412.
— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016
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