The learned trial judge (H.B. Yusuf, J) had stated emphatically, as a fact at page 910 of the Record, that he "did not make any order against the re-arrest" of the appellant after the due execution of his order admitting the appellant to bail. The Court of Appeal affirmed this finding of fact.
Either at the Court of Appeal or before us in this appeal, there is no specific ground of appeal challenging this finding of fact. There is a settled presumption that a specific finding of fact neither challenged nor rebutted is correct: REGISTERED TRUSTEES, APOSTOLIC FAITH MISSION v. JAMES (1987) 3 NWLR (Pt.6) 566; BAKARE v. THE STATE (1987); NWLR (PT.52) 579. This Court in DARIYE v. FRN (2015) 61 NSCQR 1457 at 1496 - 1497, re-stating its earlier stance in ONIBUDO v. AKIBU (1982) 2 SC 60 at 63, held that the appellant who does not appeal a specific finding of fact is deemed to have accepted and conceded it. Facts not disputed are always taken as established.
per Ejembi Eko JSC in
