LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Evaluation of Documents by Appellate Court
PRINCIPLE STATEMENT
Evaluation of a document is not within the exclusive preserve of the trial judge. Both the trial judge and appellate judge have an equal right to evaluate documentary evidence because, unlike oral evidence, the appellate judge sees the document as an exhibit.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Obioha v. Nigerian Postal Services Ltd & Ors (2003) NLC-871999(SC) at p. 20; Paras A–C.
"Evaluation of a document is not within the exclusive preserve of the trial Judge. Both the trial Judge and the appellate Judge have equal right to evaluate a documentary evidence. This is because, unlike oral evidence which an appellate Judge does not see, he sees like the trial Judge, the document as exhibit. Therefore, where the finding of a trial Judge on documentary evidence is perverse, an appellate Judge will easily see the perversion, and employ his appellate power to correct it."
EXPLANATION / SCOPE
Appellate courts can evaluate documentary evidence afresh. The principle applies to all appeals. The court has the same access as the trial court. The rule allows correction of errors in documentary evaluation. The appellate court may disagree with the trial court on documents. The principle is well-established.