LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Special Circumstances
PRINCIPLE STATEMENT
The Supreme Court, in the absence of special circumstances indicating obvious error leading to miscarriage of justice, will not reopen concurrent and consistent questions of fact.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Fatunbi & Anor v. Olanloye & Ors (2004) NLC-242000(SC) at p. 24; Paras A–B.
"This court, in the absence of special circumstances indicating obvious error leading to a miscarriage of justice will not reopen concurrent and consistent questions of fact."
EXPLANATION / SCOPE
Concurrent findings of fact by lower courts will not be reopened by the Supreme Court. Special circumstances showing obvious error and miscarriage of justice are required. The principle applies to appellate practice. The rule promotes finality of factual determinations. The appellant bears the burden of showing exceptional circumstances. The court will not re-evaluate consistent findings lightly.
