CORAM

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PARTIES

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ALHAJI ISAH T. SOKWO (Suing for himself and on behalf of Akuba and Edigeshi ruling House) APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The case of the Appellant/Plaintiff is that he is the only candidate entitled to be appointed as the Aguma of Bassa Kwomo after the death of the immediate occupant of that stool, Joseph Dodo Alagani, having been selected by his Akuba Ruling House.

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HELD

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APPEAL DISMISSED

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ISSUES

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Whether the learned Justices of the Court of Appeal were right in affirming the decision of the trial Court that the Chieftaincy of Aguma is entirely the creation of the colonial Government and not a creation or evolution from native law and custom (hence rules of native law and custom do not apply) thereby refusing to disturb the findings of facts and conclusion of law made by the trial Court on the ground that they were based on sound legal principles. ?

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RATIONES DECIDENDI

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FINDINGS OF FACT BY APPELATE COURT

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“Let me further emphasis that it is not the primary function of this or any appellate Court for that matter, to make findings of fact or to appraise evidence. Also where the finding of fact is based entirely on the credibility of the witness, this Court will be reluctant to interfere” PER MAHMUD MOHAMMED, J.S.C

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A PLAINTIFF TO SUCCEED IN HIS CASE MUST PROVE SAME WITH CREDIBLE UNCHALLENGED EVIDENCE.

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“A plaintiff to succeed in his case must prove same with credible unchallenged evidence – A cardinal principle of law is a plaintiff who asserts must prove his case with credible and unchallenged evidence” PER MAHMUD MOHAMMED, J.S.C

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CUSTOMARY LAW IS A QUESTION OF FACT TO BE PROVED BY EVIDENCE.

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“It is a settled principle of law that customary law is a question of the fact to be proved by evidence. The onus is on the party alleging the existence of a particular custom. He must call credible evidence to establish the existence. Although, it is also settled that where a custom has been sufficiently decided upon by the court, judicial notice of same can be taken and the court will not require further proof of the same custom” PER MAHMUD MOHAMMED, J.S.C

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PRESUMPTION OF CORRECTNESS OF JUDGMENT

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“There is the well settled presumption of law regarding the correctness of the findings of fact of courts below and the presumption must be displaced to reverse the findings of fact” PER MAHMUD MOHAMMED, J.S.C

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WHAT THE APPELLANT MUST SHOW TO SUCCEED IN AN APPEAL AGAINST FINDINGS OF FACT

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“to succeed in any appeal against finding of fact, it must be shown that in the performance of its primary duties of appraisal of oral evidence and ascription of probative value to such evidence, that the court of first instance made imperfect use or improper use of the opportunity of hearing and seeing the witness or has drawn wrong conclusion from accepted or proved facts which those facts do not support or indeed has approached the determinations of those facts in a manner which these facts cannot or do not in themselves support” PER MAHMUD MOHAMMED, J.S.C

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HYPOTHETICAL MATTERS.

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“The Supreme Court will not decide hypothetical matters – The law is well settled that this Court is not given to make moot decisions or decide hypothetical matters which have no bearing with the case the Court is called upon to decide which in this case is whether grounds exist to warrant interfering with the concurrent findings of fact of the two Courts below” PER MAHMUD MOHAMMED, J.S.C

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FINDINGS OF FACT BY APPELATE COURT

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“However, where the issue relates to the proper inference to be drawn from the facts proved, the Court of Appeal and of course this Court, is in as good a position as the Court of trial, and will draw the proper inference naturally flowing from the facts so proved” PER MAHMUD MOHAMMED, J.S.C

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CONCURRENT FINDINGS OF FACT

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“It is equally well settled that this Court will not lightly interfere with the concurrent findings of fact of the Courts below” PER MAHMUD MOHAMMED, J.S.C

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CASES CITED

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Ogundipe v. Awe and OrsAbidoye v. AlawoyeLengbe v. ImaleAgbai v. Okagbue?

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STATUTES REFERRED TO

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None

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