Home court process WHEN AN APPELLATE COURT CAN INTERFERE WITH EVIDENCE RELIED UPON BY THE LOWER...

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.

•ATTENTION! You can now join our |WHATSAPP PAGE| to receive news updates directly on your phone. |TAP HERE|




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.


🔎Follow Us On Our Social Handles🔍

```

OUR ADVERTS RATESWe offer effective advert service with discounts.
[Tap Here To See OUR ADVERTS RATE]