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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In arbitration proceedings, the general principle is that facts finding by an Arbitrator is not a ground for setting aside an award on the ground that it is wrong nor on the ground that there is no evidence on which the facts could be found because that would be mere error of law.
– Garba, JCA. Dunlop v. Gaslink (2018)
Tobi, JSC, held that: “Relevant facts are facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction and facts which are the occasion, caused or effect, immediate or otherwise of relevant fact or facts in issue, or which constitute the state of things under which they happened or which afforded an opportunity from their occurrence or transaction.” See Abubakar v. Chuks (2007) 18 NWLR (Pt. 1066) 319 at 402 paras G-H.
When the appeal is predicated on the question of facts, concurrently found by the Courts below, the attitude of this Court is well settled. This Court will not interfere with those findings of facts except when appellant shows special or exceptional circumstances justifying the interference. Such special or exceptional circumstances include the showing either that there was miscarriage of justice; or a serious violation of some principles of substantive or procedural law; or that the findings of fact are perverse, in the sense that they do not at all flow from the totality of the evidence at the trial and or that the findings are unreasonable. See ENANG v. ADU (1981) 11-12 SC 25 at 42; LOKOYI v. OLOJO (1983) 8 SC 61 at 73; OJOMU v. AJAO (1983) 9 SC 22 at 53; IBODO v. ENAROFIA (1980) 5-7 SC 42; AKAYEPE v. AKAYEPE (2009) 11 NWLR (pt. 1152) 217 SC. Notwithstanding this stance of this Court, this Court is still being perpetually inundated by appeals predicated solely on concurrent findings of facts by Courts below to this Court. The connivance of legal practitioners in this regard cannot be ruled out; particularly by those desperately wanting to make up their qualifying appearances in this Court to enable them apply for the award of the privilege of Senior Advocate of Nigeria. The sooner the balance between this privilege and the congestion in, or the work load of, this Court was struck the better for this Court and those seeking to be conferred the privilege. I say no more for now.
— E. Eko, JSC. Galadima v. State (2017) – SC.70/2013
Facts in issue, as defined in Section 258 of the Evidence Act 2011: Includes any fact from which either by itself or in connection with other facts the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows. A particular fact can only be said to be in issue when its assertion by a Party is denied by the other and it becomes a fact in dispute. So, an issue is said to be joined on a particular fact making its proof necessary when its assertion is disputed by the opposing party- see Mohammed & Anor V. State (2007) 11 NWLR (pt 1045) 303.
— A.A. Augie, JSC. Galadima v. State (2017) – SC.70/2013
As the Respondent rightly submitted, each case must be determined upon its own peculiar circumstances as no two cases are identical; they may be similar but not identical – see Admin/Exec., of the Estate of Gen. Abacha V. Eke-Spiff & Ors. (supra).
— A.A. Augie, JCA. Elias v Ecobank (2016) – CA/L/873/2013
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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