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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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
Native law and custom being a question of fact in an action in the High Court, it is true that the findings in these cases are not binding as precedents, and it is also true, as has been pointed out by Mr Oseni on behalf of the respondents, that however learned and experienced the Judges whose judgments are relied on may have been, they could only act on the evidence which the parties in the cases concerned chose to call before them.
Odunsi Lasisi Ajibola v. Aminu Akindele Ajani Ojora (1961)
It is trite law that an appellate court will not ordinarily interfere with the findings of fact of a trial court except in circumstances such as where the trial court has not made a proper use of the opportunity of seeing and hearing the witnesses or where it has drawn wrong conclusions from accepted credible evidence or has taken an erroneous view of the evidence adduced before it or its findings of fact are perverse and do not flow from the evidence accepted by it.
– Iguh, JSC. Oshatoba v. Olujitan (2000)
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
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)
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”.
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