NIGERIAN BOTTLING COMPANY LTD. V CONSTANCE OBI NGONADI
July 23, 2025LASISI LASUPO ALLI V CHIEF J.O. IKUSEBIALA
July 23, 2025Legalpedia Citation: (1985) Legalpedia (SC) 38110
In the Supreme Court of Nigeria
Fri May 17, 1985
Suit Number: SC. 98/1984
CORAM
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
KARIBI-WHYTE, JUSTICE, SUPREME COURT
KAWU, JUSTICE, SUPREME COURT
PARTIES
THE STATEEX PARTE JOSEPH AJIDASILE OLAKUNRINANDCHIEF JOSEPH AJIDASILE OLAKUNRIN OSERE OF ELUNOGEB-OWOCHIEF ADEFIN DARAMOLA AKOWA OF ILORO-OWOCHIEF ABRAHAM OJO, ELEREWO OF IGBOROKO-OWOCHIEF JULIUS BALEYINU OKORO, ARAGWAGBAIYE OF IGBOROKO-OWOCHIEF EGBEWA, ARAGWAGBAITE OF IGBOROKO OWOCHIEF H.A. ASHARA, ARAGWARAGBAIYE OF IJEBU-OWOCHIEF SULE OMAMA, IMARA OF ISAEGBE-OWO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The facts of this suit are that the appellants were traditional office holders having been appointed by the Ex-Olowo of Owo, Sir Olateru Olagbegi. The 1st respondent, Oba Ogunoye, on his installation in 1968 still accepted the appellants as traditional office holders. Relationships appeared cordial for some time, indeed the 1st appellant, Joseph Ajidasile Olakunrin, appears to have played a dominant role in the installation of the 1st respondent. Matters soon deteriorated however and the appellants on 5th April, 1980 instituted action in court
HELD
APPEAL DISMISSED
ISSUES
None.
RATIONES DECIDENDI
CIRCUMSTANCES WHERE A PERSON SHOULD NOT BE JUDGE ON HIS OWN CAUSE (NEMO JUDEX IN CASA SUA)
The principle that a judge must be impartial is accepted in the jurisprudence of any civilized country and there are no grounds for holding that in this respect the law of Nigeria differs from the law of England or for hesitating to follow English decisions. In determining the likelihood of bias the court looks at the impression which would be given to other people. In the instant appeal there was no positive evidence of the Head of Service being biased. This, however, is not necessary. The facts and circumstances of the instant case on appeal impel me to conclude that it would be super-humanly impossible for the Head of Service to be free from bias” BRETT AG C.J.N, PER NNAMANI J.SC
CASES CITED
Obadara And Others v. Commissioner Of Police (1965) N.M.LR. 39 at 44
STATUTES REFERRED TO
