Background
This case revolves around an appeal by Anthony Alintah and Simon Ndubusi Emmanuel Omaghomi against the ruling of the trial court which struck out their application for the enforcement of their fundamental rights. The appeal included a motion seeking leave to adduce further evidence that was not available during the initial trial.
Issues
The key issues in this appeal are:
- Power and Discretion: Whether the Court of Appeal has the authority to grant leave for the appellants to adduce further evidence.
- Nature of Evidence: Whether the exhibits attached to the affidavit submitted by the appellants are fresh evidence that can be admitted for consideration in the appeal.
Ratio Decidendi
The court held that:
- The Court of Appeal has the power to receive further evidence under Order 4, Rule 2 of the Court of Appeal Rules, 2007.
- The evidence sought to be adduced, which was previously unavailable, was deemed relevant and credible, thus better serving the interest of justice if admitted.
Court Findings
The court found that the appellants sufficiently demonstrated that the new evidence could not have been discovered with reasonable diligence during the trial. They emphasized the importance of allowing the additional documents to ensure a fair outcome in light of the previously unaddressed claims of harassment and abuse of process faced by the appellants.
Conclusion
The application was granted, allowing the appellants to tender the additional evidence. The absence of a counter-affidavit from the 4th respondent indicated acceptance of the facts presented by the appellants, thereby reinforcing the court's decision to admit the new documents.
Significance
This ruling is significant as it clarifies the procedures regarding the admission of further evidence on appeal in Nigeria. It underscores the principle that evidence which may impact the merits of a case should be assessed judiciously, particularly when justice demands its consideration. The decision also highlights the appellate court's role in ensuring that procedural fairness is maintained in the enforcement of fundamental rights.