LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Special Circumstances
PRINCIPLE STATEMENT
Once the findings of the two courts below are reasonably justified by the evidence and no error in law leading to a miscarriage of justice has been made, the Supreme Court cannot interfere with such concurrent findings but must treat them with due respect.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ojo & Ors v. Anibire & Ors (2004) NLC-312000(SC) at p. 13; Paras A–B.
"It is an established principle that as a matter of policy, once it is clear that the findings of the two courts below are reasonably justified by the evidence and that no error in law, substantive or procedural, that leads to a miscarriage of justice has been made, this court cannot interfere with such concurrent findings of fact but must treat them with due respect."
EXPLANATION / SCOPE
Concurrent findings supported by evidence are binding. The principle applies to appellate practice. The Supreme Court will not interfere without error causing miscarriage. The rule promotes finality and respect for lower courts. The appellant must show error. The principle is well-established.