BUSARI AKANDE (IN RE) VS THE STATE
July 17, 2025ILIYASU UMAR VS BAYERO UNIVERSITY, KANO
July 17, 2025Legalpedia Citation: (1988-07) Legalpedia 52987 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Jul 8, 1988
Suit Number: SC 175/1986
CORAM
PARTIES
JEREMIAH AKOH & OTHERS
APPELLANTS
AMEH ABUH
RESPONDENTS
AREA(S) OF LAW
JUDGES BIAS-POWERS OF AN AREA COURT INSPECTOR-FAIR HEARING
SUMMARY OF FACTS
The appellants sought a declaration of the court for title to land.
HELD
The Court held that there is no evidence whatsoever to support the allegation that Justice Puusu had had personal knowledge of the dispute between the parties before he participated in the hearing of the appellant’s appeal in the High Court. Indeed at the hearing of this appeal in this Court, Mr. Brown-Peterside, SAN, candidly conceded that there was in fact no evidence of bias and that the appellant’s argument was based on mere speculation.
ISSUES
1. Whether the Ogugu Area Court Gd. ll had jurisdiction on 25/5/84 when it entered judgment for the Respondent in the light of the Inspector of Area Court’s order of 13/3/84 staying proceedings and subsequently transferring the suit to another Court, vis-a-vis the High Court Registrar’s directive of 11/5/84 remitting the case back to the trial court for judgment.
2. Whether or not the Appellants had a fair hearing/trial given all the circumstances of this case.
RATIONES DECIDENDI
BAIS
” Nevertheless there must appear to be a real likelihood of bias. Surmise or conjecture is not enough: …….. There must be circumstances from which a reasonable man would think it likely or probable that the justice, or chairman, as the case may be, would, or did, favour one side unfairly at the expense of the other.” S. KAWU, JSC
CASES CITED
1. LPDC vs Fawehinmi 1985 2 NWLR page 300 at 334 and 385)
2. In Chief S.O.L. Okafor vs. D.O. lkeanyi & 3 Ors. reported in (1979) 3 & 4 SC 99
3. Chief S.O.N. Okafor v. D.O. Ikeanyi & 3 Ors. (3-4, SC. 1979) 99 at p.107,
4. Onyeama Ezenwa v. Samual Ikegbunam Mazeli & Ors. 15 WACA. 67
5. Duke of Buccleugh (1892) Probate 201 at p.212.
6. Oyelade v. Araoye and Attorney-General (1968) NMLR. 46 – 47.
7. A.U. Deduwa & Ors. v. E.A. Okorodudu, (Consolidated) (1976) 9 – 10 SC. 329 at 349.
STATUTES REFERRED TO
1. Area Courts Edict No.4 of 1968 of Benue State
2. Constitution of the Federal Republic of Nigeria 1979 (as amended)
3. Area Court (Amendment) Edict No.6 of 1969, Benue State.|
