LEGAL PRINCIPLE: APPELLATE PRACTICE – Concurrent Findings of Fact – Non-Interference with Concurrent Findings Supported by Sufficient Evidence
PRINCIPLE STATEMENT
Concurrent findings supported by sufficient evidence should not be disturbed.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, J.S.C., in Bajoden & Anor v. Iromwammu & Anor (1995) NLC-2971990(SC) at p. 14; Paras C--D.
"It is settled law that such findings should not be disturbed where there is sufficient evidence to support them as in the instant case."
EXPLANATION / SCOPE
Concurrent findings supported by evidence are binding. The Supreme Court will not disturb them. The appellant must show that the findings are perverse or unsupported. The principle respects the fact-finding roles of lower courts. The Supreme Court will not re-evaluate evidence. Interference is reserved for exceptional cases. The rule promotes finality and judicial efficiency. The appellant bears a heavy burden. The court will examine whether the findings are based on proper evidence. The principle applies to both civil and criminal appeals.