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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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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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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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CONCURRENT FINDINGS OF FACT – WHEN CONCURRENT FINDINGS OF FACT WILL BE DISTURBED

Where the appeal challenges only the concurrent findings of fact the burden on the appellant to displace the presumption that the concurrent findings of fact are correct is made difficult by the rule of practice in the appellate Courts to the effect that an appellate Court is loathe to disturb concurrent findings of fact and therefore such concurrent findings of fact should rarely disturbed: ENANG v. ADU (1981) 11 12 SC 17 at 27 (Reprint) … The usual circumstances concurrent findings of fact are disturbed are: when it is shown that the findings are perverse and not the result of a proper exercise of judicial discretion, or that there is no evidence at all to support a particular crucial finding, or that the trial Court made wrong deductions or drew wrong inference from the admitted or established facts: UBANI & ORS v. THE STATE (2003) 18 NWLR (PT. 851) 224.

— E. Eko, JSC. Lawali v State (2019) – SC.272/2017

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SUPREME COURT WILL NOT INTERVENE IN CONCURRENT FINDINGS OF LOWER COURTS

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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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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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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