LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Miscarriage of Justice Occurs
PRINCIPLE STATEMENT
It is now a settled practice that the Supreme Court will not interfere with concurrent findings of the lower courts unless they are not justified by the evidence and have thereby occasioned a miscarriage of justice. The appellants have not persuaded me to hold a contrary view.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Aroyewun & Ors v. Adediran (2004) NLC-2061999(SC) at p. 7; Paras A–B.
"It is now a settled practice that the Supreme Court will not interfere with concurrent findings of the lower courts unless they are not justified by the evidence and have thereby occasioned a miscarriage of justice. The appellants have not persuaded me to hold a contrary view."
EXPLANATION / SCOPE
The Supreme Court will not disturb concurrent findings unless they are unjustified by evidence and cause miscarriage of justice. The appellant bears the burden of showing such miscarriage. The principle applies to appellate practice. The rule promotes finality and respect for lower court findings. The court will not interfere merely because it might have reached a different conclusion. The appellant must demonstrate clear error or injustice to succeed.