APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Onus on an appellant appealing against concurrent findings of Lower Courts


“…Having set out in summary the submissions of counsel on either side which are in effect, the appellant seeking a setting aside the decision of the Court below which affirmed the conviction and sentence of the trial Court. The respondent on the other hand insisting that appellant has not set the stage for an interference of the concurrent findings of fact and conclusion of the two Courts below. It is to be reiterated that it is not sufficient or enough for an appellant seeking to have concurrent findings of fact of the trial Court and the intermediate Court to allege that the judgments were wrong or faulty. Appellant in such a circumstance has to establish in what way the decision of the appellate intermediate Court that affirmed the decision of the Court of first instance was wrong, perverse or unreasonable and unwarranted regard being had to the available evidence. See Esseyin v State (2018) LPELR – 44476 (SC) per Ejembi Eko JSC.” Per OKORO, J.S.C. in BEMDOO MINDI v. THE STATE (2020- LCER-39169-SC) at p. 30 – p. 31

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