APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court — Circumstances for Disturbing Concurrent Findings
Ratio Decidendi
Per Ogbuagu, JSC, in Omotayo v. Co-operative Supply Association (2010) NLC-123-155-2002(SC) at p. 13; Paras D–E:
"This Court, does not readily disturb or interfere with concurrent judgments of two lower courts except in certain circumstances."
Explanation / Scope
This principle establishes that the Supreme Court will not readily interfere with concurrent findings of fact by two lower courts unless exceptional circumstances exist. The principle applies where both the trial court and Court of Appeal have agreed on factual findings. It promotes finality and respect for trial courts’ advantage in assessing witnesses. Interference is only justified where findings are perverse, unsupported by evidence, or based on wrong application of law or procedure. The principle reflects the Supreme Court’s deferential role. The appellant must demonstrate an exception. The principle provides guidance on appellate review of concurrent findings.