APPEAL – INTERFERENCE WITH FINDING(S) OF FACT(S)  – Whether an appellate court can interfere with findings of fact based on credibility of witnesses


“…Of note is that the credibility of the witness has been brought to the fore and this Court, just like the Court below does not have the power to enter into that area since that is the exclusivity of the trial Court who had firsthand knowledge and sight of the witness whose credibility is central and so the hand of the Appellate Court such as the current is tied and the only option is to let the finding rest. See Omisore & Anor. v Aregbesola & Ors. (2016) LPELR-24803 (SC); Emiri v Imieyeh (1999) 4 NWLR (Pt. 599) 442.” Per PETER-ODILI, J.S.C. in EKWEOZOR & ORS v. REG. TRUSTEES OF THE SAVIOURS APOSTOLIC CHURCH OF NIG (LCER-2020-39155-SC) at p. 49 – 50

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