C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1
ON MEANING OF “PERVERSE” AND WHEN DECISION OF COURT IS PERVERSE
“Perverse” simply means persistent in error, different from what is reasonable or required, against weight of evidence.
A decision may be perverse where the trial Judge took into account matters which he ought not to have taken into account or where the Judge shuts his eyes to the obvious.
A decision may also be said to be perverse if it is wholly unsupportable by the evidence led by the parties.
A decision based on matters which a court ought not to have taken into account and not based on evidence before the court is a perverse decision.
In this case, in spite of the deposition in the appellant’s affidavit to show cause that it maintained no account in the names of the 2nd – 4th respondents, the Court of Appeal proceeded to make absolute the garnishee order nisi on the faulty premise that the 2nd – 4th respondents are MDAs of the Federal Government.
In the circumstance, the Court of Appeal took extraneous matters into account and shut its eyes to the obvious.
Further, the decision was not supported by the affidavit evidence led by the parties. Therefore, the decision of the Court of Appeal was perverse and deserved to be set aside.
[Atolagbe v. Shorun (1985) 1 NWLR (Pt. 2) 360; Ani v. State (2025) 2 NWLR (Pt. 1976) 243; Aliyu v. Namadi (2023) 8 NWLR (Pt. 1885) 161; Iwuoha v. NIPOST Ltd (2003) 8 NWLR (Pt. 822) 308; Ifenne v. A.B.U. (2023) 7 (Pt. 1883) 327; Oladipo v. Kalejaiye (2023) 14 NWLR (Pt. 1903) 153; Ani v. State (2025) 2 NWLR (Pt. 1976) 243; Aghwarianovwe v. P.D.P. (2024) 1 NWLR (Pt. 1918) 45 referred to.]
(Pp. 92, paras. A-C; 93-94, paras. G-E)
OBAJE V. N.A.M.A. (2024) 6 NWLR (PT. 1933) 119
ON MEANING OF MISCARRIAGE OF JUSTICE
Miscarriage of justice simply means justice miscarried, failure of justice or failure of a court to do justice. It means a departure from the rules which permeates a judicial procedure as to make that which happened not, in the proper sense of the word, a judicial procedure at all. It is a substantial wrong which occurs during a trial which so affects the proceeding so as to merit quashing the result. It is a decision or outcome of legal proceedings that is prejudicial or inconsistent with substantial rights of a party. It means a reasonable probability of more favourable outcome of a case for the party alleging it. It is injustice done to the party alleging it. The burden of proving miscarriage of justice is on the party who alleges it.
TOTAL EXP. & PROD. (NIG.) LTD. V. OKWU (2024) 17 NWLR (PT. 1967) 379
ON WHEN FINDING OF COURT IS PERVERSE
A finding of court will be said to be perverse and to have occasioned a miscarriage of justice where it is shown to have not emanated from the evidence on record and that the lower court took into account what it ought not to have considered and or shut its eyes to the obvious and where the finding is consequent upon wrong application of the law to facts.