EVIDENCE LAW — Evaluation of Evidence — Trial Judge’s Prerogative
Principle Statement
The position of the law is that the realm of believing any witness is within the prerogative of a trial judge who had the singular advantage of seeing and listening to a witness who gave evidence in his court. Any finding based on such evidence cannot be faulted by an appellate court who had no such advantage but is confined to the record of proceedings before it.
Ratio Decidendi (Source)
Per Mukhtar, JSC, in Agala & Ors v. Okunsin & Ors (2010) NLC-123-25-2003(SC) at p. 8, para. E – p. 9, para. A.
"The position of the law is that the realm of believing any witness is within the prerogative of a trial judge who had the singular advantage of seeing and listening to a witness who gave evidence in his court. Any finding based on such evidence cannot be faulted by an appellate court who had no such advantage but is confined to the record of proceedings before it."
Explanation / Scope
This principle establishes that credibility assessment is the trial judge’s prerogative, and appellate courts will not fault findings based on such assessment. The trial judge has the advantage of seeing and hearing witnesses. The principle applies where credibility is in issue. It ensures that the trial judge’s role is respected. The principle reflects the limitations of appellate review. It prevents appellate courts from substituting their views. The court must defer to the trial judge. The principle provides guidance on appellate review of credibility findings.
