LEGAL PRINCIPLE: APPELLATE PRACTICE – Concurrent findings of fact – Attitude of the Supreme Court to interference
PRINCIPLE STATEMENT
The Supreme Court will not disturb concurring findings of fact by lower courts which are supported by sufficient evidence. To succeed, the appellant must show that the findings are not supported by evidence or that there is a miscarriage of justice or violation of law or procedure.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Nkwo v. Iboe (1998) NLC-2731991(SC) at pp. 10–11; Paras B–A.
"This court has consistently held that it would not disturb concurring findings of facts by lower courts which are supported by sufficient evidence... To succeed in this appeal plaintiffs must show that the findings of fact... are not supported by sufficient evidence or that there is some miscarriage of justice or violation of some principles of law or procedure."
EXPLANATION / SCOPE
Concurrent findings supported by evidence are binding. The appellant must show lack of evidence, miscarriage of justice, or violation of law. The principle applies to all appeals. The Supreme Court will not re-evaluate evidence. The rule promotes finality. The appellant bears a heavy burden.