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SUPREME COURT WILL NOT INTERVENE IN CONCURRENT FINDINGS OF LOWER COURTS

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My lords, the appellants have not shown that the concurrent findings of fact made by the trial court and the lower court are perverse or unreasonable. Neither have they shown that any miscarriage of justice had been occasioned by the concurrent findings. The attitude of this court to concurrent findings of facts by the two lower courts is well settled. This court will only interfere with such concurrent findings when the appellants show special circumstances by establishing either that there was a miscarriage of justice, or a serious violation of some principles of substantive law or procedure, or that the findings are perverse, or that the findings do not flow from the evidence adduced by the parties. See Enang v. Adu (1981) 11 – 12 SC 25 at page 42, (1981) 5 SC 291; Lokoyi v. Olojo (1983) 8 SC 61 at page 73; Ojomu v. Ajao (1983) 9 SC 22 at page 53; Ibodo v. Enarofia (1980) 5 – 7 SC 42 at page 45; Akayepe v. Akayepe (2009) 11 NWLR (Pt. 1152) 217. The principle has been repeated and repeated times without numbers. Unfortunately, legal practitioners, obviously for their economic gains, keep encouraging litigants to approach this court with appeals repeating the same complaints over findings of facts by courts of first instance which had been duly affirmed by the intermediate court. I think there should be serious sanction for these vexatious frivolities.

— Eko JSC. Benjamin v Kalio (2017) – SC/207/2006

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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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WHEN THE SUPREME COURT WILL SET ASIDE A CONCURRENT DECISION OF A COURT

From the onset it must be emphasized that being a concurrent finding of fact by the two courts, this Court is very slow at intervening except where the Appellants succeed in showing to us that notwithstanding the fact of concurrence in the decisions of both courts, the finding is perverse or that the finding has violated some essential principle of law or procedure and that the violation is substantial enough to lead to miscarriage of justice. See Onowan v Isarhjen (1976) 9-10 SC 95, Fashanu v. Adekoya (1974) 1 ALL NLR (PT. 1) 35 and Onwuka v Ediala (1989) 1 NWLR (pt.96) 182 at 202. It is only if this is demonstrated that this court will interfere. See Abinabina v Enyimadu 12 WACA 171 at 173, Omoborinola II v Military Governor Ondo State (1998) 14 NWLR (pt 584) 89 at 107, U.A.C Nig. Ltd. v Fashoyiten (1998) 11 NWLR (pt.573) 199 at 185 and Chinwedu v Mbamah & Or (1980) 3-4 SC 31 at 75.

— M.D. Muhammad, JSC. Kubor v. Dickson (2012) – SC.369/2012

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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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POLICY OF THE COURT NOT TO INTERFERE IN CONCURRENT FINDINGS

From a long line of cases, it is clearly evident that it is the policy of this Court not to interfere with the concurrent findings of the two courts below. This policy is predicated on, and presupposes that, the court of first instance evaluated the evidence, exercised its right to believe or disbelieve witnesses, and then finally arrived at specific findings on the issues of fact arising from the pleadings and evidence as presented to the court for resolution. When that had been done and the Court of Appeal confirms the findings of the trial court, then an appellant is confronted with a rather uphill task. There again, such an appellant will be required to show either that the findings were perverse thus leading to an obvious miscarriage of justice or that there was a violation of some principle of law or procedure.

– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)

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MISCARRIAGE OF JUSTICE WILL LEAD TO REVERSAL OF CONCURRENT FINDINGS

This court would be quick to reverse concurrent findings of fact if there was miscarriage of justice or a violation of some principle of law or procedure or the finding, is found to be perverse.

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

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WHERE CONCURRENT FINDINGS OF FACT ARE NOT CHALLENGED BY THE APPELLANT, APPELLANT IS DEEMED TO HAVE ACCEPTED SAME

Looking at the two issues formulated for determination, it is clear that none of them challenged the concurrent findings of facts of the courts particularly with respect to the traditional history or evidence of the parties. I hold the view that since there is no challenge to the findings, appellants are deemed to have accepted same and are bound by the said findings of facts. That being the case, it is very clear that the evidence of traditional history of the respondents as regards the acquisition and occupation of the land in dispute and the founding of Iguomo village which was accepted by the trial court and confirmed by the Court of Appeal remains unchallenged before this court and therefore taken as established.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

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