"In concluding on this application, let me again refer to the words of my lord MUHAMMAD, JSC in ADEGBITE & ANOR Vs. AMINU AMOSU (Supra) at Pg. 6-9, Paras. B - A where my Lord held as follows and I quote: "...The circumstances where this Court may grant leave to an applicant to adduce new/fresh/additional evidence have for long been pronounced upon by this Court. I have had the advantage of encapsulating such conditions/circumstances in an other judgment: "It is now trite that for an appeal Court to admit additional evidence of facts on appeal, there must exist special grounds. In Asaboro v. Aruwaji (1974) 1 All NLR (Pt. 1) 140, such special grounds were stated; a) The evidence sought to be adduced must be such as would not have been, with reasonable diligence, obtained for use at the trial (b) The evidence shall be such as if admitted, it would have an important not necessarily crucial effect on the whole case, (c) The evidence must be such as apparently credible in the sense that it is capable of being believed and it need not be incontrovertible. (d) The additional evidence may be admitted if the evidence sought to be adduced would have influenced the judgment at the Lower Court (trial Court) in favour of the applicant had it been available at the trial Court. (e) The evidence should be weighty and material, where evidence sought to be admitted is irrelevant and immaterial, it will be rejected."

Per ABUBAKAR, J.C.A. IN FBN v. ADEWUSI & ORS CITATION: (2017) LPELR-43557(CA)