WHAT IS A PERVERSE FINDING?

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

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APPELLATE COURT WILL INTERFERE WHERE CONCLUSION REACHED DOES NOT FLOW FROM EVIDENCE

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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FINDINGS OF FACT WILL NOT BE ORDINARILY DISTURBED

In per Nimpar, JCA. Adepoju v. State (2014) LPELR-23312(CA) “An Appellate Court would not readily interfere with findings of facts by a trial Court except it is perverse and evident on the record”.

In ODOFIN V AYOOLA (1984) LPELR 2227 (SC): “Where a Court of trial which saw and heard witnesses has come to specific findings of facts on the evidence in issues before it, an appellant Court which had no similar opportunity should refrain from coming to different finding, unless it can show that the conclusion of the trial Court was perverse, or that the conclusion would not follow from the evidence before it”.

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WHERE TRIAL COURT DRAWS WRONG INFERENCE, APPEAL COURT MAY REJECT FINDINGS

I wish to emphasize that where the trial court has drawn the wrong inference from primary facts the appellate court can reject the inference and make what it considers to be the right inference supported by evidence.

– Babalakin JSC. Finnih v. Imade (1992)

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RELEVANT FACTS ARE FACTS SO CONNECTED WITH THE FACTS IN ISSUE

Tobi, JSC, held that: “Relevant facts are facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction and facts which are the occasion, caused or effect, immediate or otherwise of relevant fact or facts in issue, or which constitute the state of things under which they happened or which afforded an opportunity from their occurrence or transaction.” See Abubakar v. Chuks (2007) 18 NWLR (Pt. 1066) 319 at 402 paras G-H.

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DUTY OF COURT TO MAKE FINDINGS OF FACT ON EVIDENCE

The point must be made that, it is the primary duty of a trial Court to make findings of fact on evidence adduced before it and ascribe due probative value to same. It is only when the trial court abdicates its duty or fails to perform it properly that an appellate court can step in to perform such a function. Even then, an appellate court can only do so, if the demeanour of witnesses is not in point.

– Afolabi Fabiyi JCA. Mueller v. Mueller (2005)

PROPER EVALUATION OF FACT NEEDS NO INTERFERENCE FROM APPELLATE COURT

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WHAT IS A PERVERSE FINDING?

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APPELLATE COURT WILL INTERFERE WHERE CONCLUSION REACHED DOES NOT FLOW FROM EVIDENCE

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FINDINGS OF FACT WILL NOT BE ORDINARILY DISTURBED

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WHERE TRIAL COURT DRAWS WRONG INFERENCE, APPEAL COURT MAY REJECT FINDINGS

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RELEVANT FACTS ARE FACTS SO CONNECTED WITH THE FACTS IN ISSUE

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DUTY OF COURT TO MAKE FINDINGS OF FACT ON EVIDENCE

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