Thus it follows therefore that where a trial court failed to evaluate the evidence properly, an appellate court can intervene and itself evaluate such evidence. - Akinyemi V. Odwa Inv. Co. ltd {2012} 17 NWLR p 209 - University of Lagos V. Aigoro {1985} 1 NWLR pt 1 p 143 - Brown V. Nzirim {1995} 1 SC 291 - Adebayo V. adusei {2004} 4 NWLR pt 862 p 44 It is the contention of the appellant in this appeal that going by the evidence on the record as led by the prosecution, the prosecution has proved all the elements of the offence of criminal breach of trust and criminal misappropriation beyond reasonable doubt against the respondent, but nevertheless, the trial court discharged and acquitted the respondent and submitted that the decision of the lower court is perverse and constitute a miscarriage of justice and urge this court to set aside the judgment of the lower court. A judgment of a court is said to be perverse when it ruins counter to the evidence adduced before it; or shuts its eyes to some evidence; or takes into account matters which it ought not to take into consideration or has occasioned a miscarriage of justice. - Uniilorin Teaching Hosp. V. Abegunde {2015} 3 NWLR pt 1447 p 421 Page 16 of 25