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EXCEPT FINDINGS OF FACT ARE PERVERSE, APPEAL COURT WILL NOT INTERFERE IN SUCH FINDINGS

Dictum

Before I turn to the treatment of the above findings of fact by the Court of Appeal, I think I need re-emphasize that where facts in issue, whether in a criminal or civil proceedings are accepted or believed by the trial court and no question of misdirection arises, an appellate court, will not ordinarily interfere with such findings of fact made by a trial Judge which are supported by evidence simply because there is some other evidence in contradiction of the finding or that if the same facts were before the appellate court, it would not have come to the same decision as the trial Judge. See: Ike v. Ugboaja (1993) 6 NWLR (Pt.301) 539;Odofin v. Ayoola, supra; Ogbero Egri v. Uperi (1974) 1 NMLR 22; Ogundulu & Ors. v. Phillips & Ors. (1973) NMLR 267 etc. This, as already stated, is because findings of fact made by a trial court are matters peculiarly within its exclusive jurisdiction and they are presumed to be correct unless and until an appellant satisfactorily proves that they are wrong. Such trial courts saw the witnesses and heard them testify and unless the findings are perverse or unsupported by credible evidence, the Court of Appeal will not interfere with them. See: Adelumola v. The State (1988) 1 NWLR (Pt.73) 683. An appellate court may however interfere with such findings in circumstances such as where the trial court did not make a proper use of the opportunity of seeing and hearing the witnesses at the trial or where it drew wrong conclusions from accepted credible evidence or took an erroneous view of the evidence adduced before it or its findings of fact are perverse in the sense that they did not flow from the evidence accepted by it. See: Okpiri v. Jonah (1961) 1SCNLR 174; (1961) 1 All NLR 102 at 104-5; Maja v. Stocco (1968) 1 All NLR 141 at 149; Woluchem v. Gudi (1981) 5 SC 291 at 295-6 and 326-9.

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

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FACTS OF THE CASE DETERMINE LEGAL OUTCOME

Whichever is the case, it is important to state and emphasize that in a case of the nature before us, Counsel should have studied the facts of the case very well. Facts are the springboard of law. It is the facts of the case that determine the appropriate remedy.

— I.C. Pats Acholonu, JSC. Abdulhamid v Akar & Anor. (2006) – S.C. 240/2001

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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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WHAT APPELLATE COURT CONSIDERS WHERE FINDING OF FACT IS CHALLENGED

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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WRONGFUL EXERCISE OF DISCRETION MUST BE SHOWED FOR COURT TO INTERFERE IN FINDING OF FACT

On the other side which is that of the respondents is that this Court should affirm the Ruling of the Court of Appeal and dismiss the appeal as frivolous and unmeritorious. This appeal throws up very interesting facets as one is mindful of the fact that an appellate Court will not easily interfere with the exercise of discretion by a lower Court such as presented in the case in hand. To interfere, this Court has to be satisfied from the showing of materials that a wrongful exercise of that discretion has been made such as where the Court below acted under a misconception of the law or under a misapplication of fact such that it is seen that the lower Court gave weight to irrelevant or unproved matters or it omitted to take into account issues that are relevant or where it exercised or failed to exercise the discretion on wrong or insufficient materials and so it behoves the appellate Court the duty in the interest of justice to disturb that earlier decision. I rely on Enekebe v Enekebe (1964) 1 All NLR 102 at 106; Demuren v Asuni (1967) All NLR 94 at 101; Mobil Oil v Federal Board of Inland Revenue (1977) 3 SC 97 at 141; Sonekan v Smith (1967) 1 All NLR 329; Solanke v Ajibola (1968)1 ALL NLR 46 at 52.

— M.P. Odili, JSC. County Dev. Co. v Hon. Min. Env. Housing Urban Dev. (2019) – SC.239/2011

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FINDING OF FACT IS PERCEPTION & EVALUATION

If I may add, the duty of the trial court is to receive all relevant evidence. That is perception. Thereafter the judge is to weigh the evidence in the context of the surrounding circumstances of the case. That is evaluation. A finding of fact involves both perception and evaluation.

– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)

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