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WHEN WEIGHT OF EVIDENCE IS ALLEGED, MEANING

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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…”

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WHAT APPELLANT MUST DO WHEN HE ALLEGES FAULTY EVALUATION OF EVIDENCE

Evaluation of evidence entails the trial Judge examining of all evidence before him before making a finding. This is done by putting all the evidence on an imaginary scale to see which side outweigh the other by way of credible evidence. See LAFIA L. G. v. EXEC. GOV. OF NASARAWA STATE (2012) LPELR-20602 (SC). So where the Appellant complained that the judge did not evaluate evidence properly as in this case, he has the duty to show the Appellate Court how the correction of the omission will make the decision wrong and liable to be set aside. For example, the Appellant must show which admissible evidence the trial Judge rejected or inadmissible evidence he relied upon to the extent that resulted in a miscarriage of justice. In other words, it is not just enough to complain against the evaluation of evidence, but the Appellant must show that the decision of the trial Court was wrong. See PETROLEUM (SPECIAL) TRUST FUND v. WESTERN PROJECT CONSORTIUM LTD and ORS. (2006) LPELR-7719 and ODUNUKWE v. OFOMATA and ANOR. (1999) 6 NWLR (PT. 602) 416 at 425 (CA). The law has been stated and re-stated in uncountable number of decisions of this Court and the Supreme Court that the duty of evaluation of evidence and the ascription of probative value to such evidence is the primary duty of the trial Court. This is especially so where the evaluation of evidence is on the conflicting oral testimonies and belief or disbelief of such evidence. The Appellate Court cannot be in a position to recapture that advantage that the trial Judge had in observing the witnesses as they testified. Therefore, unless the Appellant satisfied this Court as an Appellate Court that the decision of the trial Court was wrong vide improper evaluation of evidence, we have no business re-evaluating the evidence to substitute our own decision for that of the trial Court.

— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12

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

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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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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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

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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

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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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