APPELLATE PRACTICE — Concurrent Findings of Fact — When Supreme Court Will Interfere
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 19; Paras C—D:
"The Supreme Court will only disturb or upturn a concurrent finding of fact of the two lower Courts in exceptional cases, such as: (1) Where violation of some principles of law or procedure exists and such erroneous proposition cannot stand if not corrected. (2) Patently erroneous findings of fact which amount to a travesty of justice if left uncorrected. (3) Where the findings of fact is erroneous or perverse and not based on the evidence led."
Explanation / Scope
This principle establishes that the Supreme Court will disturb concurrent findings of fact only in exceptional cases: violation of law or procedure, patently erroneous findings amounting to a travesty of justice, or findings not based on the evidence. 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.