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ONLY IN EXTREME CIRCUMSTANCES WILL DISCRETION OF TRIAL JUDGE BE REVERSED

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It is a trite procedural tenet that the evaluation of evidence and ascription of probative value to such evidence are the exclusive preserve of the trial court which had the opportunity of hearing and assessing the testimony and conduct of the witnesses. It is unusual for an appellate court to disturb such findings of a trial court except where it is found to be perverse irrational or does not accord with common sense. See DARE VS FAGBAMILA (2009) 14 NWLR (PT 1160) 177; SULE VS HABU (2011) 7 NWLR (PT 1246) 339 and KARIBO VS GREND (1992) 3 NWLR (PT 230) 426.

— S.C. Oseji, JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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concurrent finding

INTERFERENCE: WHERE APPELLATE COURT CAN INTERFERE WITH TRIAL COURT’S FINDING

As a matter of practice, this court rarely interferes with or disturbs the concurrent finding of two lower court, except in special or exceptional circumstances. Some of these exceptional or special circumstance that would warrant such interference by an appeal court are if it is shown that there was a miscarriage of justice, misconception of fact or serious violation of some principle of law whether substantive or procedural or that such findings were erroneous or perverse.

– Sanusi JSC. Chemiron v. Stabilini (2018)

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WHERE CONCURRENT FINDINGS OF FACT ARE NOT CHALLENGED BY THE APPELLANT, APPELLANT IS DEEMED TO HAVE ACCEPTED SAME

Looking at the two issues formulated for determination, it is clear that none of them challenged the concurrent findings of facts of the courts particularly with respect to the traditional history or evidence of the parties. I hold the view that since there is no challenge to the findings, appellants are deemed to have accepted same and are bound by the said findings of facts. That being the case, it is very clear that the evidence of traditional history of the respondents as regards the acquisition and occupation of the land in dispute and the founding of Iguomo village which was accepted by the trial court and confirmed by the Court of Appeal remains unchallenged before this court and therefore taken as established.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

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WHEN THE SUPREME COURT WILL SET ASIDE A CONCURRENT DECISION OF A COURT

From the onset it must be emphasized that being a concurrent finding of fact by the two courts, this Court is very slow at intervening except where the Appellants succeed in showing to us that notwithstanding the fact of concurrence in the decisions of both courts, the finding is perverse or that the finding has violated some essential principle of law or procedure and that the violation is substantial enough to lead to miscarriage of justice. See Onowan v Isarhjen (1976) 9-10 SC 95, Fashanu v. Adekoya (1974) 1 ALL NLR (PT. 1) 35 and Onwuka v Ediala (1989) 1 NWLR (pt.96) 182 at 202. It is only if this is demonstrated that this court will interfere. See Abinabina v Enyimadu 12 WACA 171 at 173, Omoborinola II v Military Governor Ondo State (1998) 14 NWLR (pt 584) 89 at 107, U.A.C Nig. Ltd. v Fashoyiten (1998) 11 NWLR (pt.573) 199 at 185 and Chinwedu v Mbamah & Or (1980) 3-4 SC 31 at 75.

— M.D. Muhammad, JSC. Kubor v. Dickson (2012) – SC.369/2012

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WHEN COURT WILL INTERFERE IN THE EXERCISE BY THE TRIAL COURT

The appellate court will therefore not interfere with the exercise of it by the lower court unless it has been shown that it was not exercised judicially, that is bonafide, and not arbitrarily or illegally or by reference to extraneous considerations or by omitting to take relevant factors into account. This is the result of all the cases.

– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)

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CONCURRENT FINDINGS OF FACT

The position of this Court has always been to refrain from interfering with concurrent findings of fact unless it is shown that the findings are perverse. A finding is perverse (i) Where it is not supported by evidence on the record; (ii) Where it does not reflect a proper exercise of judicial discretion; (iii) Where evidence has been wrongly admitted or rejected at the trial; (iv) Where there has been an erroneous appraisal of facts leading to erroneous conclusion; (v) Where the finding has been reached as a result of a wrong application of some principles of substantive law or procedure. See: Ayeni Vs Adesina (2007) ALL FWLR (Pt. 370) 1451 @ 1457-1458; Woluchem Vs Gudi (1981) 5 SC 291 @ 326; Adegbite Vs Ogunfaolu, (1990) 4 NWLR (Pt.146) 578; Itu Vs The State (2016) 5 NWLR (Pt.1506) 443.

— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014

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FINDINGS OF FACT NOT DISTURBED BY APPEAL COURT

It is now well settled that this court will not disturb the findings of facts of two courts below unless there is manifest error which leads to some miscarriage of justice, or a violation of some principle of law or procedure.

– Karibe-Whyte JSC. Amadi v. Nwosu (1992)

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