APPELLATE PRACTICE — Concurrent Findings of Fact — When Supreme Court Will Interfere
Ratio Decidendi
Per Onnoghen, JSC, in Wachukwu & Anor v. Owunwanne & Anor (2011) NLC-123-87-2001(SC) at p. 25; Paras A—C:
"It is settled law that ordinarily this court will not intervene in the concurrent findings of fact by the lower courts except where the lower court is in violation of fundamental principles of law or where the judgment of the court is demonstrated to be perverse thereby occasioning miscarriage of justice."
Explanation / Scope
This principle establishes that the Supreme Court will not ordinarily intervene in concurrent findings of fact unless there is a violation of fundamental principles of law or the judgment is perverse and occasions a miscarriage of justice. The principle applies where concurrent findings are challenged. It ensures that findings are respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must find an exception. The principle provides guidance on when the Supreme Court will interfere with concurrent findings.