EVIDENCE LAW ā Evaluation of Evidence ā Function of Trial Judge ā Appellate Interference
Principle Statement
It is an elementary principle of law that the function of evaluation of evidence, is essentially that of the trial Judge. When he satisfactorily performs this, an appellate court, will not interfere.
Ratio Decidendi (Source)
Per OGBUAGU, J.S.C., in Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC) at p. 12; Paras CāD.
"It is an elementary principle of law that the function of evaluation of evidence, is essentially that of the trial Judge. When he satisfactorily performs this, an appellate court, will not interfere."
Explanation / Scope
This principle establishes that evaluation of evidence is the trial judge’s function, and appellate courts will not interfere when it is satisfactorily performed. The principle applies where findings of fact are challenged. It ensures that the trial judge’s role is respected. The principle reflects the trial court’s advantage. It prevents appellate interference. The court must defer to the trial judge. The principle provides guidance on appellate review of evidence evaluation.
