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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Now, a court in the determination of a matter before it enquires into and relies on the relevant facts led by parties before it, draws inferences from such facts and the arguments canvassed by the parties or their counsel. Judicial evidence is the means by which the facts relied upon in taking decisions are proved. Facts are proved by oral testimony of the persons who perceived them, by the production of documents and inspections of things or places. Facts can also be proved by admissions, confessions, judicial notice, presumptions and estoppel. A Judge is free to take Judicial notice of all such facts he is either called upon to or from his general knowledge of such facts or from enquiries made by him on such facts from sources to which it is proper for him to refer.
– M.D. Muhammad, J.C.A. Shona-Jason v Omega Air (2005) – CA/L/418/2000
In the case of Oshodi vs Eyifunmi (2000) FWLR (pt. 8) 1271 at 1305 per Iguh, JSC, this court held as follows: “In this regard, it is to be emphasised that the appellate jurisdiction of the Court of Appeal is to hear and determine appeals from the High Courts. If a finding or decision of a trial court, whether on an issue of fact or law is not challenged in an appeal to the Court of Appeal, such finding or decision, rightly or wrongly, must not be disturbed for the purposes of the appeal in question – see Nwabueze vs Okoye (1988) 4NWLR(pt. 91)664. …… Perhaps I should also add that when an issue is not placed before an appellate court, it has no business whatsoever to deal with it – see Florence Olusanya vs Olufemi Olusanya (1983) 3 S.C 41 at 56 – 57.”
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)
In a trial, there are generally two sets of findings of facts: A finding of fact may be based on the credibility of witnesses or may be informed from other facts proved before the trial court. Where a witness gives direct evidence that is the evidence of the facts in issue as seen, heard or perceived by any other sense by him. (Section 77 of the Evidence Act). The finding of the trial court on such evidence depends on whether or not it believes that witness (credibility of the witness). Such a finding on such evidence is a primary finding of fact, i.e. the way the witness testifies, his demeanor in the box tells much of his credibility. The trial court that saw and heard the witness is in the best position to assess his credibility and make findings of primary facts. But, where on the other hand, other facts are put in evidence from which the facts in issue can be inferred, or where a witness gave circumstantial evidence, the finding of the trial court on the facts in issue depends on inference. This is a secondary finding of fact as it is not based on the credibility of the witness but on logical process of inference. In the former’s case, i.e. primary findings of fact, an appeal court should always be loathe in interfering with such a finding as it did not have the privilege of seeing, hearing or observing the demeanour of the witness. There are several decided authorities on this: Ebba v. Ogodo & Anor (1984) 4 SC 75; Akintola v. Olowa (1962) 1 All NLR 224; Fatoyinbo v. Williams (1956) 1 FSC 87; Egri v. Uperi (1974) 1 NMLR 22; just to mention a few. In the latter’s case, i.e. where findings of fact are secondary, i.e. drawn from inferences, an appeal court is in as good position as a court of trial to do this. It can differ from the trial court. See: Akpopuma V. Nzeka (1983) 2 SCNLR 1.
— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004
The law is also common knowledge that where a trial Court fails to properly discharge that primary duty or the evaluation value ascribed to and inference/findings made thereon cannot be supported by the evidence adduced before that Court, then an appellate Court is entitled to intervene and interfere with such decisions of the trial Court … However where a trial Court has unquestionably and properly evaluated the evidence adduced before it, an appellate Court has no business to and is usually slow in interfering with decisions arising from such an exercise.
– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05
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)
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