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WHAT APPELLATE COURT CONSIDERS WHERE FINDING OF FACT IS CHALLENGED

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Dictum

An appellate court in its primary role in considering a judgment on appeal in a civil case in which the finding or non-finding of facts is questioned will seek to know:- The evidence before the trial court. Whether it accepted or rejected any evidence upon the correct perception. Whether it correctly approached the assessment of the evidence before it and placed the right probative value on it. Whether it used the imaginary scale of justice to weigh the evidence on either side and Whether it appreciated upon the preponderance of evidence which side of the scale weighed having regard to the burden of proof.

– ADEKEYE JCA. Anyafulu v. Agazie (2005)

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APPELLATE COURT WILL NOT INTERFERE IN FINDING OF FACT

In concluding this Issue, it is now firmly established, that where the question involved are purely those of fact, an Appellate Court, will not interfere, unless the decision of the trial Judge, is shown to be perverse and not the result of a proper exercise of judicial discretion (to believe or disbelieve witnesses) or that there is no evidence at all to support a particular crucial finding or that the trial court made wrong deductions or drew wrong inferences from admitted or established facts. See Ubani & 2 ore, v. The State (2003) 12 SCNJ 111 @ 727-728.

— Ogbuagu, JSC. Moses v State [2006] – S.C.308/2002

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IF NO PERVERSITY IS SHOWN, FINDINGS OF FACT WILL NOT BE DISTURBED

The trial Tribunal and the court below have arrived at concurrent findings of fact and the attitude of the Supreme Court is replete in a number of judicial authorities which is that except there is established miscarriage of justice or violation of some principle of law or procedure or the findings are perverse the Supreme Court will not disturb such findings. See ADAKU AMADE V. EDWARD NWOSU (1992) 6 SCNJ 59. ONWUJUBA V. OBIENU (1991) 4 NWLR (PART 188) 16; OGUNDIYAN V. STATE (1991) 3 NWLR (PART 181) 519; IYARO V. THE STATE 1 NWLR (PART 69) 256. The list is indeed inexhaustive. I do not find the findings of fact bedeviled by any of these lapses.

— Alaoga, JSC. Akeredolu v. Mimiko (2013) – SC. 352/2013

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CASES SHOULD BE DECIDED ON ITS OWN FACTS

It is also of paramount importance to always have it as a central theme that each case must be examined and decided on its own facts and circumstances as no two cases are alike in all particulars.

– Gumel, JCA. Ehanire v. Erhunmwuse (2007)

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HOW COURT SHOULD EVALUATE EVIDENCE – CONCEPT OF FACT FINDING

The law has saddled a trial Court, like the lower Court herein, with the primary duty to evaluate relevant and material evidence, both oral and documentary, after hearing and watching the demeanour of witnesses called by the parties in any proceedings having regard to their pleadings. To discharge that bounden duty, a trial Court must show how and why it arrived at its findings of fact and final determination of the issues before it. It has to be cautious and understand the distinction between summary or restatement of evidence and evaluation of evidence which means assessment of evidence and giving them probative value. It appraises evidence by constructing an imaginary scale of justice and putting the evidence of the parties on the two different pans of the scale. Then, it weighs them to determine which is heavier, not in terms of quantity, but quality of the testimonies, see Mogaji v. Odofin (supra); Olagunju v. Adesoye (2009) 9 NWLR (Pt. 1146) 225; Oyewole v. Akande (supra); Ayuya v. Yonrin (2011) 10 NWLR (Pt. 1254) 135; Adusei v. Adebayo (2012) 3 NWLR (Pt. 1288) 534; Odutola v. Mabogunje (2013) 7 NWLR (Pt. 1356) 522; Ndulue v. Ojiakor (2013) 8 NWLR (Pt. 1356) 311.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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MEANING OF A PERVERSE FINDING

A perverse finding is a wrong, unreasonable or unacceptable finding, having due regard to the evidence before the court. A perverse finding is one not supported by the evidence before the court. It is a finding raised on a wrong assessment of the evidence before the court. A finding of fact based on exaggerated or bloated evidence on the part of the trial court could be perverse. So too finding of fact borne out from addition or subtraction from the evidence before the court.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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WHEN FINDING OF FACT IS SAID TO BE PERVERSE

A finding of fact is said to be perverse – (a) Where it runs counter to the evidence and pleadings. (b) Where it has been shown that the trial court took into account matters which it ought not to have taken into account. (c) Where the trial court shuts its eyes to the obvious. (d) When the decision has occasioned a miscarriage of justice. State v. Agie (2000) 11 NWLR pt. 678 pg. 434 Atolagbe v. Shorun (1985) 1 NWLR pt.2 pg. 360 Adimora v. Ajufo (1988) 3 NWLR pt. 80 pg.1. Akinloye v. Eyiyola (1968) NWLR 92.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

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