KALU ONWUCHEKWA V. B.I.D. EZEOGU
June 18, 2025EUGENE NNAEKWE EGESIMBA V. EZEKIEL ONUZURUIKE
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 10117
In the Supreme Court of Nigeria
Fri Sep 20, 2002
Suit Number: SC. 112/98
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
NKI TOBI, JUSTICE, SUPREME COURT
PARTIES
1. T. M. ORUGBO2. THOMPSON ADINI(For themselves and on behalf of UREJU COMMUNITY) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The lower court set aside the decision of the customary court on grounds of fair hearing in that the defendants were not made to plead individually to the claim, bias, etc. ?
HELD
The court allowed the appeal and held that ethnic affinity of a trial judge to any of the parties without more does not constitute a likelihood of bias and that there was no breach of natural justice from the circumstances of the case.
ISSUES
Whether the respondents were given a fair hearing at the trial.Whether the composition of the Court constituted a bias against the respondents as held by the Court of Appeal.Whether there was a failure of invitation to the respondents to take part at the inspection exercise at the locus in quo.Whether the respondents were denied the opportunity to cross-examine the 1st Plaintiff/Appellant and his 4 witnesses and to testify for themselves.Whether the use of historical books by the trial court constituted a breach of fair hearing.?
RATIONES DECIDENDI
TRIBAL COMPOSITION; BASIS FOR BIAS
Tribal composition of the bench per se cannot be basis for the charge of bias or likelihood of bias, unless the aggrieved party shows by the conduct of the bench such bias or likelihood of bias – Tobi J.S.C.
CUSTOMARY COURTS ARE NOT BOUND TO FOLLOW EVIDENCE ACT
Customary Courts by the nature of their constitution or composition are not bound to follow strict and technical rules of evidence. They need not comply with the provisions of the Evidence Act in the judicial process. – Tobi J.S.C
CASES CITED
Ejidike v. Obiora (1951) 13 WACA 270; Chief Nwizuke v. Chief Eyeyok (1953) 14 WACA 345 Otapo v. Sunmonu (1987) 2 NWLR (Pt. 58) 587.R.N.H.W. v. Sama (1991) 2 NWLR (Pt. 171) 64;Egwu v. University of Port Harcourt (1995) 8 NWLR (Pt. 414) 419?
STATUTES REFERRED TO
The Evidence Act ?
