Evaluation

It is the primary duty of the trial Court to evaluate evidence and where the credibility of witnesses is involved, the lower Court's inference from the evidence of witnesses it did not see and assess, it is further contended, cannot substitute that of the trial Court.

It must be restated that the evaluation of evidence and assumption of probative value to such evidence are the preserve of the trial Court that had the opportunity of hearing the evidence and the demeanour of the witnesses. The lower Court and indeed this Court interferes only where an appellant shows clearly that the trial Court did not, in the discharge of its primary duty of evaluating the evidence it received, bring to bear the advantage it had of seeing and assessing the witnesses. Having not done that in the instant case, appellant's complaints against the inference of the two Courts on this particular issue accordingly fails. See Mogaji V. Odofin (1978) 4 SC 1, Eseme Eyibo V. Mr. Dan Abia & Ors (2012) LPELR-20607 (SC) and Dakat V. Dashe (1997) 12 NWLR (Pt 531) 46.

It is trite that evaluation of evidence and ascription of probative value to same is essentially within the province of the trial Court. It is undoubtedly the duty of that Court to assess witnesses, form impression about them and evaluate their evidence having regard to the impression it formed of the witnesses.

Where the trial Court had properly evaluated the evidence before it before ascribing probative value to it, an appellate Court cannot, and should not, disturb such an exercise. It is only in the situation of improper evaluation of the evidence before ascribing probative value to the pieces of evidence, especially of witnesses that an appellate Court may intervene to do justice as the parties in the matter deserve. See ARCHIBONG V. AKPAN (1992) 4 NWLR (Pt.238) 750; RABIU v. KURE (2010) ALL FWLR (Pt.539) 1070 at 1088. In the instant case, the Lower Court did the right thing in restraining itself from intervening and interfering with findings of facts and conclusions therefrom made by the trial Court upon the latter's elaborate and proper evaluation of the facts before it.