A JUDGE SHOULD BE SOBER

It has always been my considered view that sobriety should be the first watch-word for anyone who, per chance, finds himself in the exalted position of a judge. A judicial officer should not be talkative or loquacious. Indeed, he should not be boisterous. He should be polite to witnesses and lawyers who appear before him....

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

IT IS THE FUNCTION OF JUDGES TO KEEP THE LAW ALIVE

In Transbridge Co. Ltd. v. Survey International Ltd this court per Eso, JSC pronounced as follows: ‘I believe it is the function of judges to keep the law alive, in motion and to make it progressive for the purposes of arriving at the end of justice, without being inhibited by technicalities, to find every conceivable...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DUTY OF JUDGE TO INTERPRETE THE LAW

I agree that a judge should be firm and pungent in the interpretation of the law but such should be short of a judge being a legislator. This is because it is the duty of the legislature to make the law and it is the assigned duty of the judge to interpret the law as...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

It needs to be emphasised here that an appellate Court will usually not interfere with an exercise of discretion in its quest to obtain substantial justice except where it is satisfied that the discretion was exercised arbitrarily or illegally or without due regard to all necessary consideration having regard to the circumstances of the particular...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHEN A JUDGE SITS BOTH AS A JUDGE AND JURY

It is quite another thing when a Judge sits both as trial – Judge and jury. In this connection we draw attention, with approval, to the observations of the West African Court of Appeal in R. v. Adebanjo & ors. (1935) 2 WACA 315: “…..We think it (is) going altogether too far to demand that a Judge, sitting as both judge and jury, should commence his judgment by directing himself as to the burden of proof, the doctrine of reasonable doubt, and the elements which constitute the offences with which the accused is, or are, charged. To our minds it must be presumed that a learned Judge, sitting as both Judge jury, has directed himself aright in matters of law unless the contrary appears from the judgment……..” (Underlining supplied by this court) – See (1935) 2 WACA at P. 321 per Atkin, J.

Was this dictum helpful?

DISCIPLINARY PROCEEDINGS OF A JUDGE IS NOT A STATE GOVERNMENT AFFAIR

In the present case therefore which principally involves the procedure for initiating and conducting disciplinary proceedings against a Chief Judge of a State where the National Judicial Council which had been given a role in the appointment and exercise of disciplinary control over judicial officers of the Appellant’s rank under the Constitution, it is not...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

JUDGES ARE TO BE CURRENT WITH THE TIMES

Reach more audience. Place advert here.

Was this dictum helpful?

A JUDGE SHOULD BE SOBER

Membership Required

IT IS THE FUNCTION OF JUDGES TO KEEP THE LAW ALIVE

Membership Required

DUTY OF JUDGE TO INTERPRETE THE LAW

Membership Required

APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

Membership Required

WHEN A JUDGE SITS BOTH AS A JUDGE AND JURY

Was this dictum helpful?

DISCIPLINARY PROCEEDINGS OF A JUDGE IS NOT A STATE GOVERNMENT AFFAIR

Membership Required