BELLO ADELEKE VS FALADE AWOLIYI & ANOR
September 5, 2025EZEOKEKE & ORS VS UGA & ORS
September 5, 2025Legalpedia Citation: (1962-04) Legalpedia 54488 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Apr 30, 1962
Suit Number: SC 204/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN: Ex parte CHIEF LEWIS EKPENGA
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE—NATIVE LAW AND CUSTOM—ORDER OF MANDAMUS–APPEAL
SUMMARY OF FACTS
The respondent/plaintiff had asked for redress by way of an order of mandamus against the appellant/defendant in the High Court compelling him to carry out functions as the Idibiado or head of all the Ibo Chiefs in his town known as Sobe, which by customary law it was his duty to perform. The Court found in favour of the plaintiff, being dissatisfied the defendant has appealed to this Court.
HELD
Appeal dismissed
ISSUES
Not Available
RATIONES DECIDENDI
PROOF OF CUSTOMARY LAW
It was of the greatest importance that the Native Law and Custom be strictly proved. It is correct that a custom is not proved by the number of witnesses called, but it is not enough that one who asserts the custom should be the only witness. Per ADEMOLA, C.J.F.
LAW OF SUCCESSION UNDER IBO CUSTOMARY LAW
‘That the custom is that the title devolves on the eldest son of the deceased chief. If he is already an Ibo Chief, the title must be conferred on him and then he would give it to a junior brother. In the circumstances, it cannot be said that the respondent made the application for the writ on behalf of a third party who could have made it himself.’ Per ADEMOLA, C.J.F.
MANDAMUS
‘It is settled law that on an application for a writ of Mandamus, the Court must be satisfied first that the respondent has a duty of a public nature to perform.’ Per ADEMOLA, C.J.F.
CASES CITED
R. v. Archbishop of York 20 Q.B.D. 740
Layanju v. Araoye, 4 F.S.C. 154
STATUTES REFERRED TO
Chiefs Law (W.N.) Law No. 20 of 157
