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

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Dictum

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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WHERE FACTS PROPERLY APPRAISED, COURT OF APPEAL SHOULD NOT SUBSTITUTE VIEWS FOR TRIAL COURT

It is settled that where a court of trial unquestionably evaluates the evidence and appraises the facts it is not the business of a Court of Appeal to substitute its own views for the trial court. It is equally settled that a Court of Appeal should not easily disturb the findings of fact of a trial Judge who had the singular opportunity of listening to the witnesses and watching their performance although such findings of fact or the inferences drawn from them may be questioned in certain circumstances (See for example Akinola v. Fatoyimbo Oluwo & 0rs ( 1962) 1 SCNLR 352: (1962) 1 All NLR 244: Fabumiyi & 0rs. V. Obaje & Anor (1968) NMLR 242; Fatoyinbo Williams (1956) SCNLR 274: (1956) 1 FSC 87.

— Kutigi, JSC. Awaogbo & Ors. v. Eze (1995) – SC.69/1991

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WHAT IS A PERVERSE FINDING?

A perverse finding is when it runs against and counter to the evidence led and the pleadings of the parties or where it has been shown that the trial judge took into consideration or account of matters which he ought not to have taken into account or shuts his eyes to the obvious. See: Akinloye v. Eyiola (1968) NWLR 92; Isah Onu and Ors v. Ibrahim Idu and Ors (2006) 6 SCNJ 23 at Pg. 45-46.

— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010

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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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APPELLATE COURT WILL NOT UPSET FINDING OF FACT MADE BY TRIAL COURT UNLESS

The law remains that an Appellate Court is reluctant to upset a finding of fact made by a trial court which had the opportunity of listening to witnesses testify and observing their demeanour and that evaluation of evidence and the ascription of probative value thereto are the primary functions of a trial court which saw, heard and assessed the witnesses. Where a trial court clearly evaluated the evidence of the parties and justifiably appraised the facts, it is not the business of an Appellate Court to substitute its own views of the facts for those of the trial court. It is only where the trial court is proved to have abdicated this function or in carrying out the function makes an unsound finding that an Appellate Court can justifiably step in to do so or set aside such unsound finding for being perverse. (See Oduwole v Aina (2001) 17 NWLR (Part 741) 1 at 47 and Udengwu v Uzuegbu (2003) 13 NWLR (Part 836) 36 at 156).

— Onnoghen JSC. Ndukwe v LPDC [2007] – SC 48/2003

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DUTY OF COURT TO MAKE FINDINGS OF FACT ON EVIDENCE

The point must be made that, it is the primary duty of a trial Court to make findings of fact on evidence adduced before it and ascribe due probative value to same. It is only when the trial court abdicates its duty or fails to perform it properly that an appellate court can step in to perform such a function. Even then, an appellate court can only do so, if the demeanour of witnesses is not in point.

– Afolabi Fabiyi JCA. Mueller v. Mueller (2005)

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PRESUMPTION AS TO CORRECT FINDING OF FACT

When there is an appeal where there is a finding of fact affirmed by the Court of Appeal, this court would presume that the trial judge’s conclusions are correct. This is so since the trial judge was the only judge who saw and heard the witnesses. When the Court of Appeal affirms the conclusions of the trial court the presumption becomes much stronger. The presumption can only be displaced by the appellant who seeks, to upset the judgment on facts.

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

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