LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Disturb Concurrent Findings Unless Perverse
PRINCIPLE STATEMENT
The Supreme Court will not disturb or lightly depart from concurrent findings of fact of two lower courts unless in exceptional circumstances where such findings are perverse or based on a wrong perspective that would lead to a miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Adewole v. Dada (2003) NLC-441997(SC) at p. 4; Paras C–D.
"This court ought not to disturb or lightly depart from concurrent findings of fact of the two lower courts as it has no opportunity of seeing and listening to the witnesses testify unless in exceptional circumstances when it is shown that such concurrent findings were perverse or based on a wrong perspective of the whole case, which if uncorrected will lead to a miscarriage of justice."
EXPLANATION / SCOPE
Concurrent findings are binding unless perverse or based on wrong perspective. The principle applies to all appeals. The Supreme Court will not re-evaluate evidence. The appellant must show exceptional circumstances. The rule promotes finality. The principle is well-established.