KUTI AND ANOTHER VS TUGBOBO
August 29, 2025DOKA BABA ALHAJI AND OTHERS VS THE STATE
August 29, 2025Legalpedia Citation: (1967-12) Legalpedia 05339 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Dec 22, 1967
Suit Number: SC 1/1967
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
SALAWU OYELADE
APPELLANTS
SANUSI ARAOYE AND THE ATTORNEY-GENERAL WESTERN NIGERIA
RESPONDENTS
AREA(S) OF LAW
BIAS – NATURAL JUSTICE-CERTIORARI
SUMMARY OF FACTS
Mr. E.O Enahoro signed the letter under which a recommendation was made for the land in dispute between the parties to be settled under the Inter-Tribal Boundaries Settlement Ordinance. There were findings stated in the letter which favoured the defendant and Mr. E.O Enahoro was appointed to carry out the enquiry.
HELD
The court held that there was a likelihood of bias and that his findings were therefore contrary to natural justice and unconstitutional.
ISSUES
Whether it was proper that Mr Enahoro, after signing the letter of recommendation, should conduct the inquiry under the Inter- Tribal Boundaries Settlement Law, Laws of the Western Region of Nigeria, 1959.
RATIONES DECIDENDI
BIAS
1. ‘In the rare cases where it could be proved that a decision had actually been affected by the bias of the person making it, that would no doubt be conclusive, but while suspicion is not enough the courts do not appear to have required proof that actual bias operated on the mind of the person making the decision.’ Per Brett J.S.C
CONDUCT OF PROCEEDINGS OF THE INTER-TRIBAL BOUNDARIES SETTLEMENT LAW
2. ‘An officer conducting an inquiry under the Inter-Tribal Boundaries Settlement Law may not be bound by the Evidence Act, and may be entitled to give weight to matters which would not be treated as relevant in a court of law, but if he is to give a judicial decision he must approach the inquiry with an open mind, and he ought not to presume in advance that any particular solution is the right one.’ Per Brett J.S.C
CASES CITED
1. Anjoku and Anor. v. Nnamani (1953) 14 W.A.C.A. 357
2. R. v. Tempest (1902) 86 L.T. 585
3. Franklin v. Minister of Town Planning [1947] 1All E.R. 612, 619
4. Durayappah v. Fernando [1967] 2 All E.R. 152
5. Obadara v. President, lbadan West District Grade B Customary Court (1965) N.M.L.R. 39
STATUTES REFERRED TO
The Constitution of the Federation 1963
