EVIDENCE – EVALUATION OF EVIDENCE – Whether evaluation of evidence and ascription of probative value is a primary function of the trial Court; duty of the Court of Appeal as it relates to same


“There is no gainsaying that the evaluation of relevant and material evidence before the Court and the ascription of probative value to such evidence are the primary functions of the trial Court which saw, heard and assessed the witnesses while they testified. Where the trial Court unquestionably evaluates the evidence and justifiably appraises the fact, it is not the business of the appellate Court to substitute its own views for the views of the trial Court. See STATE V AJIE (2000)11 NWLR (pt.678) 434.” Per PETER-ODILI, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 17 – 17 Paras C – E)

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