ABAINTA OKENDU UBANI VS. THE STATE
June 13, 2025OTUNBA ABDUL LATEEF OWOYEMI V PRINCE YINUSA OLADELE ADEKOYA
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 89104
In the Supreme Court of Nigeria
Fri Dec 12, 2003
Suit Number: SC. 193/1997
CORAM
M.L. UWAIS, CHIEF JUSTICE NIGERIA
TAYLOR JUSTICE OF THE FEDERATION
U.A. KALGO, JUSTICE, SUPREME COURT
SIR D.A.R. ALEXANDER, CHIEF JUSTICE, NIGERIA
BODE RHODES-VIVOUR JUSTICE, SUPREME COURT
PARTIES
GODWIN SASI D. OGOLOSAMPSON G. OGOLODOMINIC A.J OGOLOGARYNE ISIGOMIE OGOLOADA GOGO M. K. OGOLOJOHNSON S. A. OGOLOGORDON I. OGOLOGRAHAN B. OGOLOSOLOMON N. R. OGOLOLEVI BROWN OGOLOJERRY HENRY UBANILOVEDAY IKECHI UBANILOVEDAY M.D. OGOLOHARRY D. D. WELLINGTONWELLINGTON OGOLOSALATHEL D.J. OGOLO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal emanating from the judgment of the Court of Appeal Port Harcourt delivered on 15 April, 1997 arose from a chieftaincy dispute relating to the stool of Opobo Main House or Main Ogolo House of Opobo Town in Opobo Nkoro Local Government Area of Rivers State.?
HELD
Judgment of the Court of Appeal was set aside and that of the trial court restored
ISSUES
Whether there was any material issue unresolved by the trial court which was relevant in the adjudication of the vital dispute between the parties to justify an order of retrial made by the court below.?
RATIONES DECIDENDI
DEFINITION OF CUSTOMARY LAW
Under our law, customary law is a question of fact to be proved by evidence or judicial notice if it has been established as required by sections 14(2) and 73 of the Evidence Act. Per D.O. Edozie J.S.C.
NEED TO SPECIFICALLY PLEAD AND PROVE A PARTICULAR CUSTOMARY LAW
“Customary law is the organic or living law of the indigenous people of Nigeria regulating their lives and transactions. It is a mirror of the culture of the people. Under our law, customary law is a question of fact to be proved by evidence or judicial notice if it has been established as required by sections 14(2) and 73 of the Evidence Act.” Edozie JSC
WHEN AN ORDER OF RETRIAL CAN BE MADE
It is a well settled principle that an order of retrial should not be made where it only serves the purpose of giving the losing party the opportunity to prove afresh what it has failed to prove. Per D.O. Edozie J.S.C.
CASES CITED
Oyewunmi V. Ogunesan (1990) 3 N.W.L.R. (Pt.137) 182 at 207Taiwo V. Dosunmu (1966) N.M.L.R. 67Otogbolu V. Okeluwa (1981) 6-7 SC 99Ezeoke & ors V. Nwagbo 1 N.W.L.R. (Pt.72) 616, (1988) 3 SCN J (Pt. l) 37 at pg 48
STATUTES REFERRED TO
The Evidence Act.
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