Appellate Court will only interfere with findings of fact of a trial Court, if it is shown that the conclusion reached is not in tune with the flow of evidence, or that the decision was wrong or perverse.
– Afolabi Fabiyi JCA. Mueller v. Mueller (2005)
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It has long been established that the function of the evaluation of evidence is essentially that of the trial Court, Igago v State (1999) LPELR – 1442 (SC) 27; Onuoha V. The State [1998] 5 NWLR (pt. 548) 118. Where the trial Court has unquestionably, evaluated evidence and, justifiably, appraised the facts, it is not the business of an appellate Court to interfere, and to substitute its own views for the view of the trial Court. – Nweze JSC. Abdullahi v. Adetutu (2019)
The law is settled that on issues of facts, evaluation of evidence and the credibility of witnesses are matters within the exclusive competence and domain of the trial Court. See CHIEF FRANK EBA v. CHIEF WARRI OGODO & ANOR. (1984) 12 SC 133 at 176; DANIEL SUGH v. THE STATE (1988) NWLR (pt.77) 475. Where the trial Court finds a witness credible and believable, unless the appellant shows evidence that renders that stance perverse the appellate Court rarely interferes with that finding.
— E. Eko, JSC. Kekong v State (2017) – SC.884/2014
Learned respondent/cross appellant’s counsel is right in his submission that a finding of a lower court on appeal is only set-aside where same is perverse. In a seemingly endless number of the decisions of this court, it has been held that a decision of a court is perverse when it ignores the facts or evidence before it which lapse when considered as a whole constitutes a miscarriage of justice. In such a case an appellate court is bound to interfere with such a decision and set it aside.
– Dattijo Muhammad JSC. Union Bank v. Chimaeze (2014)
A perverse finding is when it runs against and counter to the evidence led and the pleadings of the parties or where it has been shown that the trial judge took into consideration or account of matters which he ought not to have taken into account or shuts his eyes to the obvious. See: Akinloye v. Eyiola (1968) NWLR 92; Isah Onu and Ors v. Ibrahim Idu and Ors (2006) 6 SCNJ 23 at Pg. 45-46.
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
It is true that the Court of Appeal will be reluctant to upset the findings of fact of a trial court but where as in this case the learned trial court draws wrong conclusions from the totality of the evidence before it, the Court of Appeal will and in fact has a duty to reverse the wrong conclusions and make findings that the facts before it demand.
– Babalakin JSC. Finnih v. Imade (1992)
I agree with the law that an appellate court should not interfere with the findings of fact by a trial court once the findings are based on the evidence upon the pleading of the parties. The appellate court can however interfere where the trial court failed to inter alia make findings or arrived at inconsistent findings on a crucial issue raised by the parties.
– Onnoghen JCA. Union Bank v. Akinrinmade (1999)
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