EVIDENCE 1.3 EVALUATION OF EVIDENCE
Evidence has to be properly evaluated. The courts would consider
- Whether the evidence is relevant.
- Whether it is admissible
- Whether it is credible
- Whether it is more probable than that given by the other party.
The court should not shut its eyes to the obvious while evaluating-AG Fed V Abubakar. If the trial court fails to properly evaluate, the Court of Appeal may order for evaluation-Ayuya V Yonrin. The following rules guide:
- The evidence adduced must be a relevant one.
- The evaluation should be thorough rather than brief.
- The court should consider the credibility of witnesses that adduced the evidence looking at his knowledge, integrity, interest in the suit, whether his evidence is contradictory and other surrounding facts and circumstances-Shodiya V The State.
- Part of the testimony deemed veracious can be accepted while the rest rejected-Sule V State.
- The court is not to reject evidence of the accused’s relative/relation but it is advised to exercise caution.