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REASON WHY NOT TO INTERFERE IN CONCURRENT FINDINGS

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True, it has long been established that this Court, generally speaking, should not interfere with findings of facts by lower Courts. The reason is simple. In the first place, the trial Courts had the unique opportunity of seeing and hearing the witnesses give evidence. They not only see the witnesses, they equally observe all their habits and mannerisms. These include their demeanour and idiosyncrasies. As a corollary to these peculiar advantages, the Law anticipates that they should utilize all their judicial competence; competence or skill rooted or anchored on law and commonsense to evaluate the evidence by eliminating the chaff from the grain of probative evidence. Proper conclusions which a reasonable Court ought to arrive at, expectedly or ideally, should eventuate from that rigorous exercise. The lower Court, upon being persuaded by such findings, would endorse them as concurrent.

– Chima Centus, JSC. Dondos v. State (2021) – SC.905/2014

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WHERE CONCURRENT FINDINGS, THE SUPREME COURT WILL NOT INTERFERE

In view of the concurrent findings of fact by both the High Court and the Court of Appeal on the issues raised in this case, and in the absence of any special circumstance warranting this Court to do so, this Court will not interfere. See Ukpe Ibodo & Ors. v. Enarofie & Ors. (1980) 5-7 S.C. 42 at 55; David Dawodu Lokoyi & Anor. v. Emmanuel Babalola Olojo (1983) 8 S.C. 61 and Sockna Moromodu Allie & Ors. v. Ahmed Alhaji & Ors. 13 W.A.C.A. 320, particularly at 321 wherein their Lordships of the Privy Council stated thus: “However that may be, it is not a matter upon which their Lordships could or ever do, interfere, when the matter has been not only to the Court of first instance but to the Court of Appeal in the Colony itself.”

— Wali, JSC. Uredi v. Dada (1998) – SC.106/1986

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CONCURRENT FINDINGS OF FACT

The position of this Court has always been to refrain from interfering with concurrent findings of fact unless it is shown that the findings are perverse. A finding is perverse (i) Where it is not supported by evidence on the record; (ii) Where it does not reflect a proper exercise of judicial discretion; (iii) Where evidence has been wrongly admitted or rejected at the trial; (iv) Where there has been an erroneous appraisal of facts leading to erroneous conclusion; (v) Where the finding has been reached as a result of a wrong application of some principles of substantive law or procedure. See: Ayeni Vs Adesina (2007) ALL FWLR (Pt. 370) 1451 @ 1457-1458; Woluchem Vs Gudi (1981) 5 SC 291 @ 326; Adegbite Vs Ogunfaolu, (1990) 4 NWLR (Pt.146) 578; Itu Vs The State (2016) 5 NWLR (Pt.1506) 443.

— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014

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FINDINGS OF FACT NOT DISTURBED BY APPEAL COURT

It is now well settled that this court will not disturb the findings of facts of two courts below unless there is manifest error which leads to some miscarriage of justice, or a violation of some principle of law or procedure.

– Karibe-Whyte JSC. Amadi v. Nwosu (1992)

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ONLY IN EXTREME CIRCUMSTANCES WILL DISCRETION OF TRIAL JUDGE BE REVERSED

It is a trite procedural tenet that the evaluation of evidence and ascription of probative value to such evidence are the exclusive preserve of the trial court which had the opportunity of hearing and assessing the testimony and conduct of the witnesses. It is unusual for an appellate court to disturb such findings of a trial court except where it is found to be perverse irrational or does not accord with common sense. See DARE VS FAGBAMILA (2009) 14 NWLR (PT 1160) 177; SULE VS HABU (2011) 7 NWLR (PT 1246) 339 and KARIBO VS GREND (1992) 3 NWLR (PT 230) 426.

— S.C. Oseji, JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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THE CONCURRENT FINDINGS ON WILLFUL MISCONDUCT

There was no evidence before the learned trial judge that there was any reason to deviate from the agreed stopping places. Flying to Johannesburg, South Africa amounts to willful misconduct that the appellant has been unable to explain. The appellant was in breach of contract and created the situation which led to the loss of the respondent’s brief case, and his deportation to Nigeria after spending eight nights in jail. In the absence of justification for flying to Johannesburg, South Africa, there is a clear breach of contract since the respondent was never flown to Manzini, Swaziland. The appellant is responsible for all that happened to the respondent in South Africa, and so concurrent findings by the two courts below that the appellant was in breach of contract is affirmed.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

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WHEN COURT WILL INTERFERE IN THE EXERCISE BY THE TRIAL COURT

The appellate court will therefore not interfere with the exercise of it by the lower court unless it has been shown that it was not exercised judicially, that is bonafide, and not arbitrarily or illegally or by reference to extraneous considerations or by omitting to take relevant factors into account. This is the result of all the cases.

– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)

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