SHUAIBU ABDU v. THE STATE
(2014)LCN/6908(CA)
RATIO
EVIDENCE: DUTY OF A COURT TO PROPERLY EVALUATE EVIDENCE LED BY PARTIES
It is settled law that the proper steps for an appellate court to take where the lower court has failed to properly evaluate the evidence led by parties at the trial is either to order a retrial or carry out the evaluation of the evidence available on the records if the question of credibility of witnesses would not arise – Orianwo Vs Okene (2002) 14 NWLR (Pt.786) 156, Wachukwu Vs Owunwanne supra, Ovunwo Vs Woko (2011) 17 NWLR (Pt 1277) 522. Where the credibility of a witness is not in point, a court sitting on appeal can evaluate such evidence. Where the conclusion is arrived at without any real controversy, such as in the case of documentary evidence, or where there is oral evidence which involves merely an admission by the adversary, or there is an unchallenged piece of evidence, an appellate court should consider itself to be in as good a position as the trial court, in so far as the evaluation of such evidence is concerned – Ebba Vs Ogodo (1984) 1 SCNLR 372, Ogundepo Vs Olumesan (2011) 18 NWLR (Pt 1278) 54. Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.
