COURT – DUTY OF COURT – Duty of Court to be consistent in its findings


“The trial Court, like the parties before it, is expected and enjoined to be consistent. It cannot, in one breath reject a piece or pieces of evidence and turn round subsequently to make use of the same. Such prevarication is against the rule of consistency, re-stated and adumbrated in several judicial authorities including Ezomo v. A.-G., Bendel State (1986) 4 NWLR (Pt. 36) 448 at 462; Kayode v. Odutola (2001) 11 NWLR (Pt. 725) 659; Osuji v. Ekeocha (2009)10 SCM 72; (2009) 16 NWLR (Pt.1166) 81; Abeke v. Barr. A. A. Odunsi & Anor. (2013) LPELR – 20640 (SC); (2013) 13 NWLR(Pt.1370) 1; Onwe v. The State (2017) LPELR – 42589 (SC); (2018) 5 NWLR (Pt. 1612) 217. In Adeka v. Vaatia (1987) 1 NWLR (Pt.48) 134 (CA) it was held that it no longer lies in the power of a trial Judge to act on the evidence it had rejected.” per EKO, J.S.C. in BULUS GOLIT v. INSPECTOR GENERAL OF POLICE (2020-LCER-39158-SC) at p. 20

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