LEGAL PRINCIPLE: EVIDENCE LAW — Evaluation of Evidence — Trial Judge’s Exclusive Right to Assess Credibility of Witnesses
PRINCIPLE STATEMENT
A trial Judge who sees and hears witnesses has the exclusive right to assess their demeanour and determine credibility. If done properly, it is not for the appeal court to interfere.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Umoru & Anor v. Zibiri & Ors (2003) NLC-1231999(SC) at pp. 12–13; Paras E–A.
"It is well settled that a trial Judge who sees and hears the witnesses giving evidence before him, has the exclusive right to assess their demeanour so as to determine whether they are telling the truth or not. He can, in this way, determine the credibility or otherwise of the testimony of every witness who testifies before him. If this is done properly, it is not for the appeal court to interfere in any way possible."
EXPLANATION / SCOPE
Credibility assessment is the trial judge’s exclusive province. The principle applies to all appeals. The appellate court defers to the trial judge. The rule respects the trial judge’s advantage. The appellant cannot re-litigate credibility. The principle is fundamental.