EVIDENCE LAW — Assessment of Credibility — Function of Trial Court
Ratio Decidendi
Per Ogbuagu, JSC, in Ogedengbe & Ors v. Balogun & Ors (2007) NLC-123-273-2001(SC) at p. 8; Paras A–E:
"The function of assessment of credibility of witnesses, is essentially, for the trial court and not that of the Appeal Court. Thus, where the question(s) that falls/fall to be determined, raises/raise the issue of credibility, an Appellate Court, will not interfere."
Explanation / Scope
Explanation/Scope:
This principle establishes that credibility assessment is the primary function of the trial court. The trial court has the advantage of seeing witnesses testify and observing their demeanour. An appellate court, working only from the printed record, is not in a position to assess credibility. Therefore, appellate courts will not interfere with credibility findings unless there is clear error. The principle applies in all cases where witness credibility is in issue. The appellate court must defer to the trial court’s assessment. This principle is fundamental to appellate practice and ensures the trial court’s advantage is respected. The principle prevents appellate courts from substituting their views on credibility.
Cases Applying This Principle
None recorded.