Ratio Decidendi

Per Onnoghen, JSC, in Onwubuariri & Ors v. Igboasoyi & Ors (2011) NLC-123-212-2003(SC) at pp. 9—10; Paras A—E:

"The special grounds/circumstances under which the Court of Appeal or appellate court can exercise its power to receive further/additional/fresh evidence on appeal include the following: (a) the evidence sought to be adduced should be such that it could not have been obtained with reasonable care and diligence for use at the trial; (b) If the fresh evidence is admitted, it will have an impact but not necessarily crucial effect on the whole case; (c) If the evidence sought to be adduced is such that it is apparently credible in the sense that, it is capable of being believed even if it may not be incontrovertible. (d) If the evidence sought to be adduced could have influenced the judgment at the lower court in favour of the applicant if it had been available at the trial court; (e) the evidence must be material and weighty even if not conclusive."
View Judgment →

Explanation / Scope

This principle establishes the conditions for admitting additional evidence on appeal: the evidence could not have been obtained with reasonable diligence, would impact the case, is credible, could have influenced the lower court, and is material and weighty. The principle applies where additional evidence is sought. It ensures that only proper evidence is admitted. The principle reflects the requirements for fresh evidence. It prevents abuse of the appellate process. The court must apply these conditions. The principle provides guidance on additional evidence.

Cases Applying This Principle

Bartholomew Onwubuariri & Ors v. Isaac Igboasoyi & Ors