CUSTOMARY LAW — Chieftaincy Disputes — Resolution of Conflicting Traditional History — Application of Kojo v. Bonsie Test
Ratio Decidendi
Per Aderemi, JSC, in Salawu & Anor v. Yusuf & Ors (2007) NLC-123-107-2002(SC) at pp. 17–18; Paras A–C:
"Where there is a conflict of traditional history, one side or the other must be mistaken, yet both may be honest in their belief. In such a case, demeanour is little guide to the truth. The best way is to test the traditional history by reference to the facts in recent years as established by evidence and by seeing which of two competing histories is the more probable."
Explanation / Scope
When traditional histories conflict, the court applies the Kojo v. Bonsie test: assess which history is more probable by reference to recent facts established by evidence. Demeanour is unreliable in such cases. The court evaluates the probabilities based on the evidence, not the honesty of the witnesses.