APPELLATE PRACTICE — Findings Based on Credibility — Appellate Court’s Handicap
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at pp. 17—18; Paras E—A:
"As the findings of fact was based on credibility of witnesses, the appellate Court is handicapped to interfere or disturb findings based on credibility of witnesses unless the appellate Court was satisfied that the learned trial Judge failed to take advantage of having heard, seen and watched the demeanours of the witnesses. On the issues of findings based on the credibility of witnesses, it is not open to the appellate Court which did not have the opportunity of observing the witnesses give evidence to make important specific findings based on the credibility of witnesses."
Explanation / Scope
This principle establishes that an appellate court is handicapped to interfere with findings based on credibility unless the trial judge failed to take advantage of hearing and seeing the witnesses. The appellate court cannot make specific findings on credibility. The principle applies where credibility findings are challenged. It ensures that the trial court’s advantage is respected. The principle reflects the limits of appellate review. It prevents interference with credibility findings. The court must defer to the trial court. The principle provides guidance on credibility findings.