LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeal — Concurrent Findings of Fact — When Supreme Court Will Interfere
PRINCIPLE STATEMENT
The Supreme Court will not disturb concurrent findings by the two lower courts unless they are shown to be perverse.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Ogolo & Ors v. Fubara & Ors (2003) NLC-291995(SC) at pp. 42–43; Paras D–E.
"The attitude of this court is that where there are concurrent findings by the two lower courts it will not disturb such findings unless they are shown to be perverse."
EXPLANATION / SCOPE
Concurrent findings are binding on the Supreme Court. The principle applies to appellate practice. Interference requires perversity. The rule promotes finality. The appellant bears a heavy burden. The Supreme Court will not re-evaluate evidence. The principle is well-established.