APPELLATE PRACTICE ā Concurrent Findings ā Interference By Supreme Court
Ratio Decidendi
Per Tabai, JSC, in Orunengimo v. Egebe (2007) NLC-123-254-2002(SC) at p. 16; Paras DāE. View Source:
"I see no cause whatsoever to interfere with the clear finding of fact of the trial court, which was based on the evidence before it."
Explanation / Scope
This is a concise restatement of the established policy of judicial restraint. The Supreme Court respects the trial court’s advantage in evaluating evidence and assessing witness credibility. When the Court of Appeal has agreed with the trial court’s findings, the Supreme Court will not interfere unless the findings are clearly unsupported or perverse. The appellant bears the heavy burden of showing that the concurrent findings are erroneous. The principle promotes finality and prevents endless re-litigation of factual disputes. It applies to both civil and criminal appeals and is a cornerstone of Nigerian appellate practice.