LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Disturb Concurrent Findings of Fact
PRINCIPLE STATEMENT
The Supreme Court will not disturb concurrent findings of fact unless a substantial error is apparent on the face of the record, or the findings are perverse, or reached as a result of a wrong approach to evidence or wrong application of law.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ejilemele v. Opara (2003) NLC-421999(SC) at p. 17; Paras A–B.
"This court will not disturb such concurrent findings of fact unless a substantial error apparent on the face of the record of proceedings is shown or when such findings are perverse or are reached as a result of a wrong approach to the evidence or as a result of a wrong application of a principle of substantive law or procedure."
EXPLANATION / SCOPE
Concurrent findings are binding absent substantial error or perversity. The principle applies to all appeals. The Supreme Court will not re-evaluate evidence. The rule promotes finality. The appellant must show clear error. The principle is well-established.
