It appears from the judgment of the lower court that the trial court
glossed over all the foregoing evidence before it when it was evaluating
the evidence before it which thereby renders the evaluation of the trial
court defective and improper.
It is trite law that when the complainant of the appellant is against nonevaluation or improper evaluation of evidence by the trial court, the
appellate court is in a good position as the trial court to do its own
evaluation, and to do so is not an usurpation of the province of the trial
court as failing to do so is an abdication of responsibility.
- Mathew V. State {2019} NWLR pt 1675 p 461 at
477
- Adesina V. Ojo {2012} 10 NWLR p 552
- Basil V. Fajebe {2001} 11 NWLR pt 725 p 529
- Bashaya V. State {1998} 5 NWLR pt 550 p 351
In view of the re-evaluated evidence above, it is the humble view of
this court that the prosecution has proved the second element that the
disposal of the ginger at a lower price as well as using part of the
complainant’s money to buy Sobo was not authorized by PW1.
As to the 3rd element that the respondent did as above in violation of
the expressed contract he made concerning the trust, from the available
evidence before the lower court as substantiated by the evidence of
PW1, respondent as DW1 and the substance of the extra-judicial
statement of the respondent admitted as exhibits A and A1, the ginger
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