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RESPONSIBILITY OF TRIAL COURT TO EVALUATE EVIDENCE

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It is now settled law, that it is the primary responsibility of the trial court which saw and heard witnesses to evaluate the evidence and pronounce on their credibility or probative value and not the appellate court which neither heard the witnesses nor saw them to observe their demeanors in the witness box. It follows therefore that when a trial court unquestionably evaluates the evidence and appraises the facts of a case, it is not the business of the appellate court to substitute its own views for the views of the trial court. – Musdapher JSC. Gbadamosi v. Dairo (2007)

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APPEAL COURT: WHERE FURTHER EVIDENCE WILL BE NECESSARY

A situation where further evidence will be necessary arises only when the evidence relevant to the issue in controversy to determine an issue and ensure substantial justice is absent and deplete from the proceedings. This court or the court below does not ordinarily go out of its way to fish for evidence to fill a vacuum that does not exist in a case, just to satisfy a party, when in fact all the pleadings and evidence, that are necessary material are already part of the record of proceedings before it.

– Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005

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RAISING AN APPEAL ON ADMITTED EVIDENCE

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

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WHEN IS A PIECE OF EVIDENCE CREDIBLE

A piece of evidence is credible when it is worthy of belief, see Agbi v. Ogbeh (2006) 11 NWLR (Pt. 990) 1; Dim v. Enemuo (2009) 10 NWLR (Pt. 1149) 353, Eta v. Dazie (2013) 9 NWLR (Pt. 1359) 248; A. J. Inv. Ltd. v. Afribank (Nig.) Plc. (2013) 9 NWLR (Pt. 1359) 380; Emeka v. Chuba-Ikpeazu (2017) 15 NWLR (Pt. 1589) 345. In the same vein, a piece of evidence is conclusive if it leads to a definite result, .see Nruamah v. Ebuzoeme (2013) 13 NWLR (Pt. 1372) 474.

— O.F. Ogbuinya JCA. Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

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COURT TO DECIDE CASE ONLY ON LEGALLY ADMISSIBLE EVIDENCE

Thus where a court wrongfully admits inadmissible evidence, it ought as a duty, to disregard the inadmissible evidence in the consideration of the judgment in the matter. Where such evidence has been wrongfully admitted and acted upon and whether or not the opposing party objects or not, an appellate court has the duty to exclude such evidence and decide the case only on the legally admissible evidence, see Timitimi v Amabebe (1953) 14 WACA 374; Ajayi v Fisher (1956) 1 FSC 90, (1956) SC NLR 279.

— Musdapher, JSC. Shittu & Ors. v Fashawe [2005] – SC 21/2001

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EXTRINSIC EVIDENCE CANNOT VARY A WRITTEN CONTRACT

The general rule is that where the parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or contradict the terms of the written instrument.

– Adio, JSC. UBN v. Ozigi (1994)

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FAILURE TO TENDER STOLEN ITEMS DOES NOT MAKE PROSECUTION’S CASE WEAK

The position of the law is that where there is overwhelming evidence from Witnesses, which is not contradicted, and which is believed, that property or money were stolen during an armed robbery operation, the non-tendering of these items in Court, as Exhibits, will not destroy the Prosecution’s case – see Ajumobi v. State (2018) LPELR-(43854) SC, wherein Akaahs, JSC, observed that – The production of the stolen items, no doubt, will make watertight the case of the Prosecution. The law, however, still remains that where the evidence adduced by the Prosecution is capable of being believed and the trial Judge believed it and convicts the Accused, an appellate Court will be slow to overturn the verdict simply on the basis that the trial Court could have viewed such evidence otherwise. Where it is suggested that a piece of evidence casts some doubt on the Prosecution’s case, it is necessary to show, unless such is manifest or evident from the Records, what aspects becomes doubtful by reason of the evidence.

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

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