LEGAL PRINCIPLE: EVIDENCE LAW – Evaluation of Evidence – Appellate Non-Interference with Concurrent Findings of Fact
PRINCIPLE STATEMENT
The evaluation of evidence and ascription of probative value are primary functions of the trial court. Where the trial court unquestionably evaluates the evidence and justifiably appraises the facts, the appellate court will not interfere with such findings.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Oguonzee v. State (1998) NLC-1311997(SC) at pp. 8–9; Paras A–C.
"It is a basic principle of law that the evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a court of trial which saw, heard and assessed the witnesses while they testified before it… Where a court of trial unquestionably evaluates the evidence and justifiably appraises the facts and arrives at a conclusion on the credible evidence, the appellate court will not interfere with such findings of fact."
EXPLANATION / SCOPE
The trial court’s evaluation of evidence is entitled to deference. The appellate court will not substitute its own view. The principle applies to both civil and criminal appeals. Interference requires perversity or error of law. The trial court has the advantage of seeing witnesses. The rule promotes finality and efficiency. The appellant must show that the trial court failed in its duty. The principle is well-established. The court will not re-evaluate evidence lightly.
