WHEN AN APPELLATE COURT CAN INTERFERE WITH EVIDENCE RELIED UPON BY THE LOWER COURTS

WHEN AN APPELLATE COURT CAN INTERFERE WITH EVIDENCE RELIED UPON BY THE LOWER COURTS

Saheed Afeez Ayinde

DEEMLAWFUL

The Law is clear and free of harm when positioned the principle in the case of (Eyo v Onuoha (201 1) 11 NWLR (Pt. 1257) 1 at 38) that the court of appellate will not interfere in the findings of the lower court as well as the evidence relied upon.

However, the appellate court, will once in a blue moon, interfere, where the there’s substative error in the findings of the lower and the evidence relied upon inorder to rectify knotted error.

This has been echoed in the case of Adelumola v. The State (1988) 1 NWLR (pt. 73) 683.

As per Oputa, JSC, so aptly put in his wordings;

…we allknow that 2 plus 2 makes 4. If a witness testifies that 2 plus 2 makes 5 and he is believed, his arithmetic does not cease to be wrong because the trial C ourt erroneously believed him. There, and in such a case, an appellate Court can intervene.

Expositions Government & Politics Legal

deemlawful View All →

Educational || Motivational || Legal || Public Speaker || Professional || Activist ||

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: