APPELLATE PRACTICE — Standard of Review — Evaluation of Evidence by Trial Court — Primacy of Trial Judge’s Credibility Assessment
Ratio Decidendi
Per F. F. Tabai, JSC, in Ibuluya & Ors v. Dikibo & Ors (2010) NLC-1492001(SC) at p. 9; Paras D-E:
"It is settled law that the assessment of the credibility of witnesses in a case is primarily the function of the trial court which alone has the opportunity of seeing and hearing witnesses and therefore an appellate court has no basis for interference with findings based thereon."
Explanation / Scope
This principle establishes that credibility assessment is primarily the trial court’s function. The trial court has the advantage of seeing and hearing witnesses. An appellate court has no basis to interfere with such findings. The principle applies where credibility is in issue. It ensures that the trial court’s advantage 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 court’s assessment. The principle provides guidance on appellate review of credibility findings.