APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — Principle of Non-Interference
Ratio Decidendi
Per OGBUAGU, JSC, in Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC) at p. 19; Paras C–D:
"There are the concurrent findings of fact and holdings by the two lower courts unfavourable to the Appellant. This Court in such circumstances, does not disturb or interfere."
Explanation / Scope
This principle establishes that the Supreme Court does not disturb concurrent findings of fact by two lower courts. Where both courts below have agreed on factual findings, the Supreme Court will not interfere. The principle applies where concurrent findings are challenged. It promotes finality and respect for trial courts. The principle reflects the Supreme Court’s role as a final appellate court. It prevents re-litigation of factual issues. The appellant must demonstrate an exception to succeed. The court must defer to concurrent findings unless there is a substantial error. The principle provides guidance on appellate review.