LEGAL PRINCIPLE: EVIDENCE LAW – Evaluation of Evidence – Primary Function of Trial Court
PRINCIPLE STATEMENT
It is beyond dispute 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.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Nnorodim & Anor v. Ezeani & Ors (2001) NLC-1521995(SC) at p. 3; Paras B–C.
"It is beyond dispute 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."
EXPLANATION / SCOPE
Evaluation of evidence and ascription of probative value are the primary functions of the trial court. The trial court sees, hears, and assesses witnesses, observing their demeanour, reactions, and credibility. This advantage cannot be replicated on appeal. Appellate courts defer to trial court findings on credibility and factual evaluation. The trial court is best positioned to determine which evidence is reliable and what weight to attach. The principle respects the trial court’s unique position. Interference is justified only where the trial court’s evaluation is perverse, based on wrong principles, or ignores material evidence. The appellate court does not substitute its own view.
