APPELLATE PRACTICE — Concurrent Findings — Supreme Court Interference — Exceptional Reasons Required
Ratio Decidendi
Per M. Mohammed, JSC, in Afolalu v. State (2010) NLC-123-193-2008(SC) at p. 6, paras. D–E:
"This Court will not interfere with such concurrent findings unless exceptional reasons have been shown by the Appellant to exist justifying such interference."
Explanation / Scope
This principle establishes that the Supreme Court will not interfere with concurrent findings of fact unless exceptional reasons are shown. The appellant bears the burden of demonstrating such reasons, such as perversity, lack of evidentiary support, miscarriage of justice, or wrong application of law. The principle applies where two lower courts have agreed on factual findings. It promotes finality and respect for trial courts’ advantage in assessing witnesses. It prevents unnecessary re-litigation of facts. The court must be satisfied that exceptional circumstances exist. The principle provides guidance on appellate interference with concurrent findings.