LEGAL PRINCIPLE: EVIDENCE LAW — Evaluation of Evidence — Evaluation of Evidence Is Primary Function of Trial Court
PRINCIPLE STATEMENT
The evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a court of trial which saw, heard and assessed the witnesses.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ejilemele v. Opara (2003) NLC-421999(SC) at p. 14; Paras A–B.
"The evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a court of trial which saw, heard and assessed the witnesses."
EXPLANATION / SCOPE
Evidence evaluation is the trial court’s primary duty. The principle applies to all appeals. The appellate court defers to the trial court. The rule respects the trial judge’s advantage. The appellant cannot re-litigate evaluation. The principle is fundamental.
