Ratio Decidendi

Per Onnoghen, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at p. 17; Paras D—E:

"Where, however the trial court abdicates this sacred duty or when it demonstrates that it had not taken proper advantage of having heard and seen the witnesses testify, the matter, i.e. evaluation of evidence becomes at large for the appellate court to carry out."

Explanation / Scope

This principle establishes that where the trial court abdicates its duty to evaluate evidence or fails to take proper advantage of hearing and seeing witnesses, the evaluation becomes at large for the appellate court to carry out. The principle applies where the trial court fails in its duty. It ensures that evidence is properly evaluated. The principle reflects the appellate court’s power to re-evaluate. It prevents failure of justice. The court must interfere where necessary. The principle provides guidance on appellate evaluation of evidence.

Cases Applying This Principle