APPELLATE PRACTICE ā Re-Evaluation of Evidence ā Permissible After Expunging Inadmissible Evidence if Credible Evidence Remains
Ratio Decidendi
Per Ogbuagu, JSC, in A.G. Leventis Nigeria Plc v. Akpu (2007) NLC-123-140-2002(SC) at pp. 11ā12; Paras EāA:
"Where the findings of a trial court, are perverse or use made of a document, goes beyond its evidential value particularly in respect of documentary evidence, it is the duty of the appellate court, to re-consider, re-assess the evidence and apply it if the justice of the case so requires."
Explanation / Scope
An appellate court’s power of re-evaluation is not automatically defeated by the expungement of some inadmissible evidence. The court must examine the remaining admissible evidence; if that evidence alone is sufficient to determine the case justly, the court is obligated to do so. This principle prevents a miscarriage of justice where a trial court has relied on improper materials.