APPELLATE PRACTICE ā Concurrent Findings of Fact ā Interference by Supreme Court
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ibator & Ors v. Barakuro & Ors (2007) NLC-123-243-2001(SC) at p. 14; Paras EāB:
"Being an appeal arising from concurrent findings of fact and appellants having not shown that the judgments are perverse, I see no reason at all to interfere with the judgments of the two courts below in this appeal."
Explanation / Scope
The Supreme Court will not interfere with concurrent findings of fact by the trial court and Court of Appeal unless the findings are perverse or not supported by evidence. The appellant bears the burden of showing perversity. In the absence of such showing, the findings are binding. This principle ensures finality in factual determinations.