EVIDENCE – EVALUATION OF EVIDENCE – Whether evaluation of evidence and ascription of probative value is a primary function of the trial Court


“The evaluation of the evidence at trial and ascribing probative value to each piece of evidence to determine the guilt of a defendant is the primary duty of the trial Court. In MOHAMMED V. STATE (2020) LPELR-52451(SC) Pg. 27-28, paras. F-C, this Court held thus: “The primary duty of ascribing probative value to the evidence at the trial, upon proper evaluation of the totality of the evidence, devolves exclusively on the trial Court that had the opportunity of hearing and watching the witnesses testify. The appellate Court, it is trite, will not usurp that function.” Per HELEN MORONKEJI OGUNWUMIJU, JSC (Pp 18 – 18; Paras B – E)

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