B. C. ONYIUKE V. EASTERN STATES INTERIM ASSETS AND LIABILITIES AGENCY
August 11, 2025THE MILITARY GOVERNOR, WESTERN STATE VS CHIEF AFOLABI LANIBA & ANOR
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 11311
In the Supreme Court of Nigeria
Fri Oct 25, 1974
Suit Number: SC 109/1974
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
OGUNDARE, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
MRS. EBUN OTUBANJO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were sued on behalf of the African Church, Ibadan Division. At the hearing, the respondent complained that the president of the Customary Court was the adviser of the African Church, his case was subsequently dismissed.
HELD
The court held that there was a likelihood of bias and that the matter should be heard de novo before another president.
ISSUES
Whether, from the material available, the inference can and should be drawn that there is a real likelihood of bias on the part of the learned President.
RATIONES DECIDENDI
LIKELIHOOD OF BIAS
it is sufficient if materials are supplied which, in the opinion of an independent person, could be considered as suggesting a real likelihood of bias. Per Fatai Williams J.S.C
CASES CITED
R. v. Essex Justices, Ex parte Perkins (1927) All ER
STATUTES REFERRED TO
