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WHERE LOWER COURT FINDINGS WILL BE SET ASIDE

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Although appellate courts are very slow and reluctant in interfering with the findings of fact by the trial lower courts, nevertheless where such findings are not borne out by conclusive or positive evidence, or where the lower court did not properly evaluate the evidence before making the findings or where the lower court failed to apply the law properly to the facts proved, the appellate courts are under a duty to interfere with such findings. To neglect to do so will certainly occasion a miscarriage of justice sufficient to warrant a superior appellate court to interfere with the trial court’s findings.

– Mahmud JSC. Ogiorio v. Igbinovia (1998)

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finding of fact

RATIONALE FOR UPHOLDING CONCURRENT FINDINGS OF FACT

The attitude of this Court to concurrent findings of fact, is that it would not usually interfere with such findings unless they are shown to be perverse, not based on the evidence before the Court or where there has been an error of law or error in procedure which has occasioned a miscarriage of justice. The rationale for this position was eloquently stated by His Lordship, Belgore, JSC (as he then was) in Bamgboye v. Olarewaju (1991) LPELR 745 SC as follows: “Once a Court of trial has made a finding of fact, it is no more within the competence of the appellate Court to interfere with those findings except in certain circumstances. The real reason behind this attitude of appellate Courts is that the Court hearing the appeal is at a disadvantage as to the demeanour of witnesses in the lower Court as they were not seen and heard by the appellate Court. It is not right for the appellate Court to substitute its own eyes and ears for those of the trial Court which physically saw the witnesses and heard them and thus able to form an opinion as to what weight he place on their evidence…”

– Abdu Aboki JSC. Junaidu v. State (2021)

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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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APPEAL ON FINDING OF FACT REQUIRES LEAVE OF COURT

The above finding complained of being a finding of fact, it is settled law that for the appellants to successfully appeal against the finding, they must first of all obtain the leave of either the lower court or of this court. It would have been otherwise if the complaint was purely a complaint of error in law. It is clear from the record that appellants never obtained the leave of either the lower court or of this court to appeal on the facts so ground 1 of the grounds of appeal in so far as it is a complaint against the findings of facts is incompetent and is consequently liable to be struck out.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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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

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EXCEPT FINDINGS OF FACT ARE PERVERSE, APPEAL COURT WILL NOT INTERFERE IN SUCH FINDINGS

Before I turn to the treatment of the above findings of fact by the Court of Appeal, I think I need re-emphasize that where facts in issue, whether in a criminal or civil proceedings are accepted or believed by the trial court and no question of misdirection arises, an appellate court, will not ordinarily interfere with such findings of fact made by a trial Judge which are supported by evidence simply because there is some other evidence in contradiction of the finding or that if the same facts were before the appellate court, it would not have come to the same decision as the trial Judge. See: Ike v. Ugboaja (1993) 6 NWLR (Pt.301) 539;Odofin v. Ayoola, supra; Ogbero Egri v. Uperi (1974) 1 NMLR 22; Ogundulu & Ors. v. Phillips & Ors. (1973) NMLR 267 etc. This, as already stated, is because findings of fact made by a trial court are matters peculiarly within its exclusive jurisdiction and they are presumed to be correct unless and until an appellant satisfactorily proves that they are wrong. Such trial courts saw the witnesses and heard them testify and unless the findings are perverse or unsupported by credible evidence, the Court of Appeal will not interfere with them. See: Adelumola v. The State (1988) 1 NWLR (Pt.73) 683. An appellate court may however interfere with such findings in circumstances such as where the trial court did not make a proper use of the opportunity of seeing and hearing the witnesses at the trial or where it drew wrong conclusions from accepted credible evidence or took an erroneous view of the evidence adduced before it or its findings of fact are perverse in the sense that they did not flow from the evidence accepted by it. See: Okpiri v. Jonah (1961) 1SCNLR 174; (1961) 1 All NLR 102 at 104-5; Maja v. Stocco (1968) 1 All NLR 141 at 149; Woluchem v. Gudi (1981) 5 SC 291 at 295-6 and 326-9.

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

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WHERE CONCURRENT FINDINGS OF FACT IS PERVERSE

It is trite law that where the findings of trial court and indeed the concurrent findings of the Judge and the Court of Appeal are perverse, this court can interfere and give the correct findings as the evidence in the record show. See Ajeigbe vs. Odedina (1988) 1 NWLR (Pt. 72) 584; Okonkwo vs. Okolo (1988) 2 NWLR (pt. 79) 632; lbhafidon vs. 1gbinosun (2001) FWLR (pt. 49) 1426, (2001) 8 NWLR (Pt. 716) 653.

— N. Tobi, JSC. Ezennah v Atta (2004) – SC.226/2000

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