APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court — Special Circumstances Required
Ratio Decidendi
Per Onnoghen, JSC, in UBN Plc v. Astra Builders (W.A.) Ltd (2010) NLC-123-103-2003(SC) at p. 28, paras. A–B:
"In the circumstance of this case, it is clear that before this court can interfere with the concurrent findings the appellant must satisfy the court that there has been an error in substantive and/or procedural law or that there has been a miscarriage of justice — see Mogaji (1986) 1 NWLR (Pt. 19) 759. The appellant has failed to do so in this appeal."
Explanation / Scope
This principle establishes that the Supreme Court will not interfere with concurrent findings unless the appellant shows an error in substantive or procedural law or a miscarriage of justice. The principle applies where concurrent findings are challenged. It ensures that findings are respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must find an exception. The principle provides guidance on when the Supreme Court will interfere with concurrent findings.