LEGAL PRINCIPLE: APPELLATE PRACTICE – Concurrent Findings of Fact – Supreme Court Will Not Interfere Absent Error
PRINCIPLE STATEMENT
Where the entire appeal revolves around issues of fact and there is nothing in the records to show that the findings of the lower courts were erroneous, the Supreme Court will dismiss the appeal.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, inĀ Ukut v. StateĀ (1995) NLC-461992(SC) at pp. 14; Paras B--C.
"Where the entire appeal revolved around issues of fact and there was nothing from the records of the lower court and the court below to show that the findings were erroneous (as in this case) this court would dismiss the appeal."
EXPLANATION / SCOPE
The Supreme Court will not interfere with concurrent findings of fact supported by evidence. The appellant must show error. The principle applies to both civil and criminal appeals. The court will not re-evaluate evidence. Interference is reserved for perverse findings or miscarriage of justice. The rule promotes finality and judicial efficiency. The appellant bears a heavy burden. The court will examine whether the findings are based on proper evidence. The principle respects the fact-finding roles of lower courts.