In Peter Igho v. The State (1978) 3 SC 87 the facts as set out in the judgment were that the deceased, lfoto Oboluke, left her house on Sunday 20th August, 1972 for a religious service but never returned alive. When the mother did not see her return in the evening she made a report and a search party was organised by the villagers. Those who saw her last said she was riding at the back of a bicycle. The corpse of the deceased was later found that night. This Court per Eso JSC upholding the verdict of the trial court on the conviction of the appellant said: “The only irresistible inference from the circumstances presented by the evidence in this case is that the appellant killed the deceased. We can find no other reasonable inference from the circumstances of the case. The facts which were accepted by the learned trial Judge amply supported by the evidence before him, called for an explanation and beyond the untrue denials of the appellant (as found by the learned trial Judge) none was forthcoming. See R. v. Mary Ann Nash (1911) 6 C.A.R. 225 at page 228. Though this constitutes circumstantial evidence, it is proof beyond reasonable doubt of the guilt of the appellant.”
FINDINGS OF FACT WILL NOT BE ORDINARILY DISTURBED
In per Nimpar, JCA. Adepoju v. State (2014) LPELR-23312(CA) “An Appellate Court would not readily interfere with findings of facts by a trial Court except it is perverse and evident on the record”.
In ODOFIN V AYOOLA (1984) LPELR 2227 (SC): “Where a Court of trial which saw and heard witnesses has come to specific findings of facts on the evidence in issues before it, an appellant Court which had no similar opportunity should refrain from coming to different finding, unless it can show that the conclusion of the trial Court was perverse, or that the conclusion would not follow from the evidence before it”.