LEGAL PRINCIPLE: APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Findings Perverse or Occasion Miscarriage of Justice
PRINCIPLE STATEMENT
The Supreme Court will not in principle interfere with concurrent findings of fact unless special reasons justify such interference, that is, where there is a miscarriage of justice arising from a violation of principles of law or procedure, or if the findings are perverse.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Ukpabi v. State (2004) NLC-2372002(SC) at p. 7; Paras C–D.
"This court will not in principle interfere with concurrent findings of fact unless special reasons justify such interference. That is where there is a miscarriage of justice arising from a violation of some principles of law or procedure, or if the findings are perverse."
EXPLANATION / SCOPE
Concurrent findings are binding absent miscarriage or perversity. The principle applies to all appeals. The Supreme Court will not re-evaluate evidence. The rule promotes finality. The appellant must show special reasons. The principle is well-established.