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UNLESS CLEAR ERROR IS SHOWN, CONCURRENT FINDING WILL NOT BE DISTURBED

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The attitude of the Supreme Court to concurrent findings of fact has been reiterated in a plethora of authorities. In Ogundiyan Vs The State (1991) 3 NWLR Pt. 1811 519 @ 528-529 H-A this court held per Obaseki, JSC: “without any clear evidence of errors in law or fact leading to or occasioning miscarriage of justice, this court will not interfere with the concurrent findings. It is settled law that there must be clear proof of error either of law or fact on the record which has occasioned miscarriage of justice before the Supreme Court can upset or reverse concurrent findings of fact,” Per Nnaemaka-Agu, JSC in Ogoala Vs The State (1991) 2 NWLR (Pt. 175) 509 @: It is settled that where there is sufficient evidence to support the findings of fact by two lower courts, such findings should not be disturbed unless there is a substantial error apparent on the record: that is, the findings have been shown to be perverse, or some miscarriage of justice or some material violation of some principle of law or procedure is shown.”

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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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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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SUPREME COURT WILL NOT INTERFERE WILL CONCURRENT FINDINGS OF LOWER COURTS

We have to emphasize all over again that the Supreme Court will not interfere with the concurrent findings of a trial court and the court of Appeal on issues of fact. The two courts are presumed to have considered all the facts necessary for their coming to such findings. The Supreme Court will only disturb or upturn a concurrent finding of fact of the two lower courts in exceptional circumstances like: – (1) Where violation of some principles of law or procedure exists, and such erroneous proposition cannot stand if not corrected; (2) Patently erroneous findings of fact which amount to a travesty of justice if not left uncorrected; (3) Where the findings of fact are erroneous or perverse.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

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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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NATURE OF CONCURRENT FINDINGS

There are thus concurrent findings of fact that the appellant was in breach of contract to fly the respondent from Lagos to Manzini and back to Lagos. It is very well settled that concurrent findings by the trial court and the court of Appeal would not be disturbed by the Supreme Court except there has been exceptional circumstances to disturb those findings such as: 1. The findings cannot be supported by evidence, or are perverse. 2. There is miscarriage of justice or violation of law or procedure.

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

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REASON WHY NOT TO INTERFERE IN CONCURRENT FINDINGS

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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