EVIDENCE LAW ā Evaluation of Evidence ā Primary Duty of Trial Court
Principle Statement
It is settled law that it is the primary duty of a trial court to evaluate the evidence and ascribe probative value thereto.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Okoye v. Obiaso (2010) NLC-123-232-2003(SC) at p. 9; Paras DāE.
"It is settled law that it is the primary duty of a trial court to evaluate the evidence and ascribe probative value thereto."
Explanation / Scope
This principle establishes that evaluating evidence and ascribing probative value is the primary duty of the trial court. The principle applies where findings of fact are challenged. It ensures that the trial court’s role is respected. The principle reflects the trial court’s advantage. It prevents appellate courts from substituting their views. The court must defer to the trial court’s evaluation. The principle provides guidance on the primary duty of the trial court.
