LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Principles Governing Interference by Supreme Court
PRINCIPLE STATEMENT
The Supreme Court will not interfere with concurrent findings of fact where there is sufficient evidence in support and where there is no substantial error apparent on the record, such as a miscarriage of justice or a violation of some principles of law or procedure.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ogoyi v. Umagba (1995) NLC-1401991(SC) at p. 18; Paras. C–D.
"This court will not interfere with such concurrent findings of fact where there is sufficient evidence in support thereof and where there is no substantial error apparent on the record of proceedings such as some miscarriage of justice or a violation of some principles of law or procedure."
EXPLANATION / SCOPE
Concurrent findings supported by evidence are binding. Interference requires substantial error, miscarriage of justice, or violation of law. The principle applies to both civil and criminal appeals. The Supreme Court will not re-evaluate evidence. The appellant bears a heavy burden. The rule promotes finality and judicial efficiency. The court will examine whether the findings are perverse.