APPELLATE PRACTICE — Concurrent Findings of Fact — Supreme Court Will Not Interfere — Unless Findings Are Perverse
Ratio Decidendi
Per Mukhtar, JSC, in Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC) at pp. 11; Paras A–B:
"This is an appeal against the concurrent findings of the lower courts, which this court will not ordinarily interfere with."
Explanation / Scope
This principle establishes that the Supreme Court will not ordinarily interfere with concurrent findings of fact by lower courts. The principle applies where two courts below have agreed on factual findings. The court will only interfere where the findings are perverse, unsupported by evidence, or based on wrong application of law or procedure. The principle promotes finality and respect for trial courts’ advantage. The appellant must demonstrate an exception to succeed. The principle reflects the Supreme Court’s role as a final appellate court. It prevents unnecessary appeals on factual matters. The court must defer to concurrent findings unless clearly wrong.