APPELLATE COURT RARELY INTERFERES WITH TRIAL COURT’S FINDING

FINDING OF FACT WILL BE DISTURBED WHEN PERVERSE

It is elementary law that needs no citation of any authority that an appellate court shall not disturb any finding of fact unless the finding is found to be perverse or cannot be justified having regard to the pleadings and the evidence led.

– Musdapher, JSC. Atta v. Ezeanah (2000)

APPELLATE COURT WILL NOT UPSET FINDING OF FACT MADE BY TRIAL COURT UNLESS

The law remains that an Appellate Court is reluctant to upset a finding of fact made by a trial court which had the opportunity of listening to witnesses testify and observing their demeanour and that evaluation of evidence and the ascription of probative value thereto are the primary functions of a trial court which saw, heard and assessed the witnesses. Where a trial court clearly evaluated the evidence of the parties and justifiably appraised the facts, it is not the business of an Appellate Court to substitute its own views of the facts for those of the trial court. It is only where the trial court is proved to have abdicated this function or in carrying out the function makes an unsound finding that an Appellate Court can justifiably step in to do so or set aside such unsound finding for being perverse. (See Oduwole v Aina (2001) 17 NWLR (Part 741) 1 at 47 and Udengwu v Uzuegbu (2003) 13 NWLR (Part 836) 36 at 156).

— Onnoghen JSC. Ndukwe v LPDC [2007] – SC 48/2003

FINDING NOT APPEALED MUST NOT BE DISTURBED BY APPELLATE COURT

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.”

ONLY PERVERSENESS CAN SET ASIDE LOWER COURT’S FINDINGS

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)

WRONGFUL EXERCISE OF DISCRETION MUST BE SHOWED FOR COURT TO INTERFERE IN FINDING OF FACT

On the other side which is that of the respondents is that this Court should affirm the Ruling of the Court of Appeal and dismiss the appeal as frivolous and unmeritorious. This appeal throws up very interesting facets as one is mindful of the fact that an appellate Court will not easily interfere with the exercise of discretion by a lower Court such as presented in the case in hand. To interfere, this Court has to be satisfied from the showing of materials that a wrongful exercise of that discretion has been made such as where the Court below acted under a misconception of the law or under a misapplication of fact such that it is seen that the lower Court gave weight to irrelevant or unproved matters or it omitted to take into account issues that are relevant or where it exercised or failed to exercise the discretion on wrong or insufficient materials and so it behoves the appellate Court the duty in the interest of justice to disturb that earlier decision. I rely on Enekebe v Enekebe (1964) 1 All NLR 102 at 106; Demuren v Asuni (1967) All NLR 94 at 101; Mobil Oil v Federal Board of Inland Revenue (1977) 3 SC 97 at 141; Sonekan v Smith (1967) 1 All NLR 329; Solanke v Ajibola (1968)1 ALL NLR 46 at 52.

— M.P. Odili, JSC. County Dev. Co. v Hon. Min. Env. Housing Urban Dev. (2019) – SC.239/2011