Customer Support

ABIOLA
V.
FRN

(1996) JELR 34458 (SC)

Supreme Court 26 May 1996 Nigeria
BriefBot icon

BriefBot Summary

Free

- Supreme Court upheld a preliminary objection that the panel, as constituted, was precluded from hearing the matter due to an earlier ruling (16/5/95) requiring self-disqualification of certain justices to avoid a perception of bias. - The

Case Details

Suit Number:SC.246/1994
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Chief G.O.K. Ajayi, SAN,Alao Aka-BashorunOye OgedegbeF. O. Desalu. (Miss) For Appellant Chief F.R.A. Williams SAN,(with him)Chief Afe Babalola SAN,Ladi Williams SAN,L.O. Fagbemi,O. Ojo,A. O. Jagun,O. Olowolafe, (Miss)A. AdenipekunTochukwu Onwugbufor, Solicitor-General of the Federation(with him)A.D. Sodangi,C.I. Okpoko, (legal officerUsman Mohammed Rama Shehu (Legal Officer)Grace Inyang For Respondent

BELGORE JSC (DELIVERING THE LEADING RULING): On 16/5/95 this court on a motion on notice by learned counsel for the appellant, Chief G.O.K. Ajayi, SAN prayed that because eight of the justices in this court had instituted an action in libel against Concord Newspapers Limited, substantially owned by the appellant, and as such, though he was not alluding to bias by any of the justices but in the context of Nigerian Society, the nicety of Concord Press and Chief Abiola being two different legal persons would not be understood. In that case, it would be wise, to avoid the notion of likelihood of bias, for the eight named justices to disengage themselves from having anything judicially to deal with the case whenever it comes to court.

The panel of five, led by Bello, CJN, ruled that the eight justices, for overriding principle of avoiding any notion of bias, should no longer be involved in this case that is yet to take off on substantive issue in Federal High Court. Our self disqualificati…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.