In all then, a decision is said to be perverse: (a) When it runs counter to the evidence; or (b) Where it has been shown that the trial Court took into account matters which it ought not to have taken into account or shut its eyes to the obvious; or (c) When it has occasioned a miscarriage of justice.
– Chima Centus, JSC Dondos v. State (2021) – SC.905/2014
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In Ebba vs. Ogodo (1984) 4 SC 372. The apex court had this to say:- “Unless the Court of Appeal finds that the decision is perverse, the Court of Appeal, whose opportunity is confined to printed record, is obliged to, and must accord to the finding of fact, by the trial court, the greatest weight and due respect.”
Omonuwa v. Oshodin & Anor (1985) 2 NWLR (Pt. 10) 924: “There is clearly no doubt that the principle established in all the above cited cases is that where the decision of the court does not finally determine the issue or issues between the parties or does not at once affect the status of the parties for whichever side the decisions is given, it is interlocutory.”
The law is settled that a decision of a Court of competent jurisdiction not appealed against remains valid, subsisting and binding on the parties and is presumed acceptable by them. It is also the law that where there is an appeal on some points only in a decision, the appeal stands or falls on those points appealed against only while the other points or decisions not appealed against remain valid, subsisting and unchallenged.
– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)
Under the rules of precedent or stare decisis it is the judgment of the Supreme Court as the final appellate court that should be binding on the Court of Appeal. Thus where there is a conflict between the Supreme Court’s decision and that of the Court of Appeal, the Supreme Court’s decision should prevail and be binding on the Court of Appeal or any other court, notwithstanding any error in the former.
— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92
Even though the learned trial Judge seemed to have rejected the respondent’s defence of acquiescence, I cannot ignore it. The lower court and this court need not agree on the reasons for arriving at the same conclusion. The focus of an appellate court is the correctness of the decision of the lower court and not the reasons given for it.
– Ogunwumiju JCA. Awure v. Iledu (2007)
Again for emphasis is that an appellate Court such as this Apex one, will not reverse the decision of the Court below simply because the conclusion and decision were reached from a wrong reason. This is so because once the decision is correct the wrong channel or route through which that decision was made would not scuttle the said conclusion. See The State v John Ogbubunjo (2001) 1 SCNJ 86 at 106 per Onu JSC. — M.U. Peter-Odili, JSC. Kwara Judicial Commission v Tolani (2019) – SC.63/2010
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