APPEAL – INTERFERENCE WITH EVALUATION OF EVIDENCE – Whether an appellate Court can interfere with the decision of the lower Court based on credibility of witnesses
“It is trite that the evaluation of evidence and ascription of probative value to it is the primary duty of the trial Court. Where the task, as in the instant case, turns on the credibility of the witnesses, the appellate Court is invariably handicapped. Since it was the trial Court that heard, saw and watched the demeanour of the witnesses, it is incumbent to respect the Court’s conclusions from the exercise except where they are demonstrated to be perverse. See CHIEF SAMUSIDEEN AFOLABI AYORINDE & ORS V. CHEF HASSAN SONGUNRO & ORS (2012) LPELR-7808 (SC) and CPC V. INEC (2011) LPELR-8257 (SC).” Per MUSA DATTIJO MUHAMMAD, JSC in KELLY v. STATE (2022-LCER-46532-SC) (Pp 13 – 13; Paras A – C)
Facts
This appeal is against the judgment of the Court of Appeal, Ekiti Division delivered on the 5th day of December, 2019.
Two security agents, a team of NDEA operative who later testified as PW2 and PW3 while on patrol duty stopped a vehicle and after searching same, recovered a gun in a black nylon, which the car’s driver pointed at the Appellant as the possessor thereof. The Appellant however denied the accusation. Subsequently, the Appellant alongside one other person was charged before the High Court of Ekiti State for the offence of unlawful possession of firearms contrary to Section 3(1) of the Robbery and Firearms (Special Provision) Act, Laws of the Federation of Nigeria 2004.
The trial High Court tried and convicted them for the said offence. Accordingly, the Appellant and the other person were sentenced to 10 years imprisonment. Dissatisfied, the Appellant filed an appeal at the Court of Appeal. The Court of Appeal dismissed the appeal and affirmed the judgment of the trial High Court. Still dissatisfied, the Appellant further appealed to the Supreme Court.
Issues
The Supreme Court determined the appeal on the sole issue thus: “Was the lower Court right to uphold the decision of the trial Court in view of the totality of evidence before it?”
Lead Judge(ment)
MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment)
Held
In a unanimous decision, the appeal was dismissed for lacking in merit and the concurrent findings of the trial High Court and Court of Appeal were further affirmed.
Alternate Citations
(2022) LPELR-57325(SC)
Full Judgment
Counsel:
IKECHUKWU UWANNA, ESQ.
For Appellant(s)
JULIUS AJIBARE, DPP, EKITI STATE
For Respondent(s)
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.