APPELLATE PRACTICE — Evaluation of Evidence — Primary Function of Trial Court — Appellate Intervention
Ratio Decidendi
Per Adekeye, JSC, in Okonkwo & Ors v. Okonkwo & Ors (2010) NLC-123-296-2003(SC) at p. 19, para. E – p. 20, para. A:
"Evaluation of evidence and ascription of probative value is primarily the function of the learned trial judge. An appellate court can only interfere where and when he fails to do so properly. When the trial court has satisfactorily performed its primary function of evaluating the evidence and ascribing probative value to it, an appellate court has no business interfering with its finding on such evidence."
Explanation / Scope
This principle establishes that evaluation of evidence and ascription of probative value is primarily the trial judge’s function. An appellate court can only interfere where the trial judge fails to do so properly. The principle applies where findings of fact are challenged. It ensures that the trial court’s role is respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must defer to the trial judge. The principle provides guidance on appellate review of evidence evaluation.