ADEREMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Delta State of Nigeria , sitting at Ughelli Judicial Division in suit No. UHC/93/91: Benjamin Manager Evwori v. Nigerian National Petroleum Corporation and Nigerian Gas Co. Ltd on the 22nd of October, 1998 in which the lower court found in favour of the plaintiff (hereinafter referred to as respondent) but against the defendants before that court (hereinafter referred to as appellants).
In reaching its conclusion, the lower court had reasoned thus:
“But the court disagrees with counsel as to the setting up of the panel to probe the conduct of the plaintiff. The Constitution of the panel was ab initio tainted with bias, the senior driver, Mr. Omofuma was a member of the said panel. There is evidence before the court, which it accepts that Mr. Omofuma with DW2 tested the said vehicle from Ughelli to Patani and DW2 later gave evidence before the panel ... The court is of…