APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Instances where the Supreme Court will not interfere with concurrent findings of fact(s) made by Lower Courts


“…This finding of fact, the Court below affirmed, not seeing any miscarriage of justice leading to it, and considering the preeminent position of the trial Court as the one with the unique opportunity of seeing and hearing the witnesses give evidence and observing their demeanour in the witness box. This therefore brought about concurrent findings of fact, which this Court has nothing on which it can support an interference to the contrary, in substitution of its own views for the views of either the trial Court or the Court below. See State v Ajie (2000) 11 N WLR (pt. 678) 434 per Onu JSC at 449; Chief Frank Ebba v Chief Warri Ogodo (1984) 1 SC NLR 372; Fabunmi v Agbe (1985) 1 NWLR (pt. 2) 299 at 314; Fatoyinbo v Williams (1956) SC NLR 274; Ukatta v Ndinaeze (1997) 4 NWLR (pt. 499) 251 at 363.” Per PETER-ODILI, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 13 – 14 Paras C – A)

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