JAMES ORUBU VS NATIONAL ELECTORAL COMMISSION & 13 ORS
July 17, 2025UWA PRINTERS (NIG) LIMITED VS INVESTMENT TRUST COMPANY LIMITED
July 17, 2025Legalpedia Citation: (1988-12) Legalpedia (SC) 51211
In the Supreme Court of Nigeria
Fri Dec 16, 1988
Suit Number: SC. 17/1988
CORAM
FRANCIS FEDODE TABAI JUSTICE, SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
PARTIES
SUNDAY NWOSU
APPELLANTS
BOARD OF CUSTOMS & EXCISE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-EVASION OF DUTY-FRAUD
SUMMARY OF FACTS
The appellants contended that the Court of Appeal delivered its judgement in his absence therefore violating his constitutional rights as enshrined in section 33 (6) (b) (c) of the 1979 constitution.
HELD
The court held that it is unable to find anything in the judgement of the lower court which suggests that the findings of the trial court was perverse or not supportable by the evidence before the trial Judge and as such should not interfere with it
ISSUES
1. Whether the Court of Appeal could validly reverse the trial court’s decision which was primarily based on the credibility of witnesses and their demeanour.
2. Whether the Court of Appeal properly evaluated the evidence proffered before the trial court.
3. Whether the Notice to deliver judgment on 24/6/87 prepared on 17/6/87 but posted on 19/6/87 to the appellant’s counsel was sufficient and valid, and
4. What is the effect of the Notice on the sentence delivered by the Appellate Court?”
RATIONES DECIDENDI
ATTITUDE OF THE SUPREME COURT TO CONCURRENT FINDINGS OF LOWER COURTS.
‘The Law is clear on the point that an appellate Court is not in such a unique position as a trial Court and it should not reverse a finding of a trial Court unless that finding runs contrary to the trend of accepted evidence’- CRAIG, JSC.
CASES CITED
1. S. Ebiri v. Board of Customs & Excise (1967) N. M. L. R. 35
2. Board of Customs & Excise v. Alhaji Ibrahim Barau (1982) 10 S. C. 48
3. Fashanu v. Adekoya (1974) 1 All N.L.R. 35.
4. Balogun & Ors. v. Agboola (1974) 1 All N.L.R. (pt.ll) 66
STATUTES REFERRED TO
1. Customs & Excise Management Act, No. 55 of 1958
2. Constitution of the Federal Republic of Nigeria, 1979
3. Court of Appeal Act 1976
