Where the Court of Appeal wrongly evaluates the evidence before the trial court and arrives at a wrong conclusion not borne out from the evidence before the court, the Supreme Court will intervene on the ground that the finding is perverse. But where the finding of the Court of Appeal is borne out from the evidence adduced in the trial court, this court cannot intervene. I do not see any reason for intervention in this appeal.
– Niki Tobi JSC. Iragunima v. Rivers State (2003)
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Generally, where parties to an agreement have set out the terms thereof in a written document, extrinsic evidence is not admissible to add to, vary from, or contradict the terms of the written instrument.
– Augie JSC. Bank v. TEE (2003)
Now, a piece of evidence is said to be contradictory to another piece of evidence, when it asserts or affirms the opposite of what the other piece of evidence asserts. It is settled that if the contradiction in the evidence adduced by the Prosecution goes to the root of the case, as to raise doubt in the mind of a Court, the Court should not convict. In other words, if there is contradiction in evidence as to material fact, which raises doubt, the benefit of doubt must be given to the Accused. However, where the contradictions are not as to material facts, such contradictions should not disturb the finding of guilt, if sufficient evidence has been led on material facts to the Charge see Ochemaje V. State (2008)15 NWLR (Pt. 1109) 57SC, wherein Tobi, JSC, explained: Contradictions definitely arise in evidence of witnesses in Court. That explains the human nature and the humanity in witnesses. Although witnesses see and watch the same event, they may narrate it from different angles, in their individual peculiar focus, perspective or slant. This does not necessarily mean that the event that they are narrating did not take place. It only means most of the time that the event took place, but what led to the event was given different interpretations, arising from the senses of sight and mind dictated by their impressions and idiosyncrasies. That is why the law says that contradictions, which are not material or substantial will go to no issue.
— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016
The justice of a case and statutory requirements will not be met if the trial Court considers only one side of a case. Adequate consideration must be given to both sides. In discharging this duty, the Judge must evaluate all the evidence. It is not the justice of a case if the Judge, without evaluating the evidence, holds that he believes one side and disbelieves the other. Only an evaluation of the evidence will logically lead to his reasons for believing or disbelieving. However, Judges differ in style. Nevertheless, whichever style a Judge uses or adopts, the important thing is that he considers all the evidence before him by evaluation before arriving at his conclusion which is the finding.
– Sankey JCA. Abdul v. State (2021)
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)
In the Law of Evidence, Relevancy, Admissibility of evidence, and weight to be attached to evidence, all these are each in a separate department. What value or weight to be attached to a piece of evidence, once it is admitted as evidence, is for the Jury, the judges of facts. And here in Nigeria, the trial judges sit in a dual capacity, qua Judges of law in matters of law and qua jury in matters of fact In my view, with due respect to the counsel, his criticism of the Tribunal is unwarrantable and so unjustified. It was for the Tribunal to accept or not to accept the evidence by the p.w.5. It was for it as well to ascribe weight or no weight to the exhibits. To be in the best position to reach a conclusion on the testimony of the p.w. 5 and the value to attach to the exhibits it adopted, in my view, the proper and right approach to reach its conclusion.
— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99
Before concluding on the said prayer 7 it is helpful to call to mind the observations of Oputa JSC in Obasi v. Onwuka (1987) 3 NWLR (Pt. 61 ) 364, 372 in an application to call additional evidence on appeal: “To talk therefore of assessing the rightness or wrongness of the trial court’s verdict today by evidence that will be given tomorrow is to talk in blank prose. This is the reason why appellate courts are very reluctant to admit “fresh evidence”, “new evidence” or “additional evidence” on appeal except in circumstances where the matter arose ex improviso which no human ingenuity could foresee and it is in the interest of justice that evidence of that fact be led:- R v. Dora Harris (1927) 28 Cox 432. But by and large, at least in criminal cases (and the principle should also be the same in civil cases), the courts lean against hearing fresh evidence on appeal.”
— Oguntade, JSC. UBA v BTL (SC. 301/2003, 15 April 2005)
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