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DUTY OF TRIAL COURTS IN EVALUATION OF EVIDENCE

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“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 OF EVIDENCE IS PRIMARY FUNCTION OF TRIAL JUDGE

The evaluation and ascription of probative value are primary functions of the trial court who saw and watched the demeanour of the witnesses who testified at the trial. It is not proper for an appellate court to interfere where the trial court has properly discharged its functions in relation thereto. This appeal court will not interfere with findings of fact where there is sufficient evidence backed by the pleadings in support of such findings and where no substantial error is apparent on the record such as a miscarriage of justice or violation of some principle of law or procedure.

– Musdapher, JSC. Atta v. Ezeanah (2000)

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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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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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EVALUATION OF EVIDENCE AND IMAGINARY SCALE

Re-evaluation suggests and presupposes a prior evaluation. If evidence has already been evaluated by the trial Court, on what grounds, on what basis, on what principles would an appellate court undertake another re-evaluation of the same evidence? Before tackling this main issue, it may be necessary to dispose of a subsidiary but related issue: What does evaluation of evidence consist of? What is the meaning of the expression evaluation? To evaluate simply means to give value to, to ascertain the amount, to find numerical expression for etc. Thus if a plaintiffs case is supported by witnesses, while the defendant’s case is supported by 6 witnesses then the numerical expression, the quantum of evidence, the amount, would be 4 to 6. If cases are decided solely by the number of witnesses called by either side, then in the above instance the plaintiff will lose, having a preponderance of 6 witnesses to 4 witnesses in the scale against him. Now talking of scale naturally leads one to the famous dictum of Fatayi Williams, J.S.C.(as he then was) in A.R. Mogaji and ors v. Madam Rabiatu Odafin and ors (1978) 4 S.C.91 at 93:- “When an appellant complains that a judgment is against the weight of evidence, all he means is that when the evidence adduced by him is balanced against that adduced by the respondent, the judgment given in favour of the respondent is against the weight which have been given to the totality of the evidence before him, (the trial Judge) ….. Therefore in deciding whether certain set of facts given in evidence by one party in a civil case before a court in which both parties appear is preferable to another set of facts given in evidence by the other party, the trial Judge, after a summary of all the facts, must put the two sets of facts on an imaginary scale, weigh one against the other, then decide upon the preponderance of credible evidence which weighs more, accept it in preference to the other, and then apply the appropriate law to it ….” (italics ours). This scale though imaginary is still the scale of justice, and the scale of truth. Such a scale will automatically repel and expel any and all false evidence. What ought to go into that imaginary scale should therefore be no other than credible evidence. What is therefore necessary in deciding what goes into the imaginary scale is the value, credibility and quality as well as the probative essence of the evidence.

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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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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