HOW COURT SHOULD EVALUATE EVIDENCE – CONCEPT OF FACT FINDING

The law has saddled a trial Court, like the lower Court herein, with the primary duty to evaluate relevant and material evidence, both oral and documentary, after hearing and watching the demeanour of witnesses called by the parties in any proceedings having regard to their pleadings. To discharge that bounden duty, a trial Court must show how and why it arrived at its findings of fact and final determination of the issues before it. It has to be cautious and understand the distinction between summary or restatement of evidence and evaluation of evidence which means assessment of evidence and giving them probative value. It appraises evidence by constructing an imaginary scale of justice and putting the evidence of the parties on the two different pans of the scale. Then, it weighs them to determine which is heavier, not in terms of quantity, but quality of the testimonies, see Mogaji v. Odofin (supra); Olagunju v. Adesoye (2009) 9 NWLR (Pt. 1146) 225; Oyewole v. Akande (supra); Ayuya v. Yonrin (2011) 10 NWLR (Pt. 1254) 135; Adusei v. Adebayo (2012) 3 NWLR (Pt. 1288) 534; Odutola v. Mabogunje (2013) 7 NWLR (Pt. 1356) 522; Ndulue v. Ojiakor (2013) 8 NWLR (Pt. 1356) 311.

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

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NATIVE CUSTOM IS A QUESTION OF FACT

Native law and custom being a question of fact in an action in the High Court, it is true that the findings in these cases are not binding as precedents, and it is also true, as has been pointed out by Mr Oseni on behalf of the respondents, that however learned and experienced the Judges whose judgments are relied on may have been, they could only act on the evidence which the parties in the cases concerned chose to call before them.

Odunsi Lasisi Ajibola v. Aminu Akindele Ajani Ojora (1961)

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WHERE FINDING OF COURT NOT APPEALED

The law is that a finding or holding of a Court, not appealed against or challenged, remains binding and conclusive. – Mbaba JCA. Aduba v. Aduba (2018)

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ONLY PERVERSENESS CAN SET ASIDE LOWER COURT’S FINDINGS

Learned respondent/cross appellant’s counsel is right in his submission that a finding of a lower court on appeal is only set-aside where same is perverse. In a seemingly endless number of the decisions of this court, it has been held that a decision of a court is perverse when it ignores the facts or evidence before it which lapse when considered as a whole constitutes a miscarriage of justice. In such a case an appellate court is bound to interfere with such a decision and set it aside.

– Dattijo Muhammad JSC. Union Bank v. Chimaeze (2014)

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APPRAISAL OF FACT

It is settled law that the appraisal of facts is the duty of the trial Judge and the Appellant court will only intervene when the finding is perverse or wrongly made. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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EVALUATION OF EVIDENCE; INTERFERENCE BY APPELLATE COURT

It has long been established that the function of the evaluation of evidence is essentially that of the trial Court, Igago v State (1999) LPELR – 1442 (SC) 27; Onuoha V. The State [1998] 5 NWLR (pt. 548) 118. Where the trial Court has unquestionably, evaluated evidence and, justifiably, appraised the facts, it is not the business of an appellate Court to interfere, and to substitute its own views for the view of the trial Court. – Nweze JSC. Abdullahi v. Adetutu (2019)

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HOW COURT SHOULD EVALUATE EVIDENCE – CONCEPT OF FACT FINDING

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NATIVE CUSTOM IS A QUESTION OF FACT

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WHERE FINDING OF COURT NOT APPEALED

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ONLY PERVERSENESS CAN SET ASIDE LOWER COURT’S FINDINGS

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APPRAISAL OF FACT

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EVALUATION OF EVIDENCE; INTERFERENCE BY APPELLATE COURT

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