APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court — Compelling Reasons Required
Ratio Decidendi
Per Ogebe, JSC, in Fajemirokun v. Commercial Bank Nig. Ltd. & Anor (2009) NLC-123-336-2002(SC) at pp. 2–3; Paras E–A:
"It is not the duty of the Supreme Court to interfere with concurrent findings of facts of the High Court and the Court of Appeal unless compelling reasons justify such interference. I see no cause to interfere in the circumstances of this case."
Explanation / Scope
This principle establishes that the Supreme Court requires compelling reasons to interfere with concurrent findings of fact by the High Court and Court of Appeal. The principle applies where two lower courts have agreed on factual findings. It ensures that the Supreme Court does not lightly disturb such findings. The principle reflects the deference accorded to trial courts’ advantage. It promotes finality in litigation. The appellant must demonstrate compelling reasons for interference. The principle provides guidance on appellate review of concurrent findings. It prevents unnecessary re-litigation of facts.