LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Miscarriage of Justice or Violation of Principle
PRINCIPLE STATEMENT
The Supreme Court will not interfere with concurrent findings of fact of the two courts below, unless there is some miscarriage of justice or a violation of some principles of law or procedure.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Aiguokhian v. State (2004) NLC-282003(SC) at p. 8; Paras A–B.
"The law is now settled that the Supreme Court will not interfere with the concurrent findings of facts of the two courts below, unless there is some miscarriage of justice or a violation of some principles of law or procedure."
EXPLANATION / SCOPE
Concurrent findings of fact by two lower courts are binding on the Supreme Court. Interference requires miscarriage of justice or violation of law or procedure. The principle applies to appellate practice. The rule promotes finality and respect for lower court fact-finding. The appellant bears the burden of showing miscarriage or violation. Mere disagreement with findings is insufficient.
