In the course of writing a judgment, a Judge analyses sequence of events as they recur and in the process makes some observations and comments. After all he is a human being who is bound by feelings and to express such feelings is not forbidden, as long as he is careful as not to be swayed by it. In other words, a Judge cannot be put in a straight jacket and expected to be so restricted without the liberty to put his thoughts into writing.
– Mukhtar JSC. Nwankwo v. Ecumenical (2007)
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This issue reminds of the dictum of this Court in Sodipo v Lemminkainem OY and Anor[1986] 1 NWLR (pt. 15) 220, According to the Court: “A Judge exists to determine disputes and examine with due care and microscopic senses all matters before him in his pursuit of justice.” This dictum, to my mind, is a complete answer to the criticism by the appellants to the way and manner the learned trial Judge resolved the preliminary objection. In the first place, the question of no “live issue” found in the suit, was not raised by any of the parties in arguing the preliminary objection. A trial Judge, however, is within his rights to properly inform himself of a defect in a suit, either with or without external intervention, because it touches directly on the competence of the suit and hence the jurisdiction to entertain it as such. Thus, the established principle that the issue of jurisdiction can be raised at any stage of the proceedings, at the instance of either the parties or by the Court suo motu, Amale v. Sokoto Local Govt and Ors. [2012] 1 SC (pt. IV) 45; Odiase v. Agho [1972] 1 All NLR (pt.1) 170; Petrojessica Entreprises Ltd v. Leventis Technical Co. Ltd, [1992] 2 NWLR (pt. 244) 675. Where however, the issue of jurisdiction is raised, it should be examined in all ramifications. It should not be compartmentalized and subjected to piecemeal examination and treatment, Oloba v Akereja [1988] 3 NWLR (pt. 84) 508. The very many faces of jurisdiction should come under the searchlight and be pronounced upon, notwithstanding that it might not have been brought to the attention of the Court.
— C.C. Nweze, JSC. Uzoho v NCP (SC.141/2007, Friday, May 13, 2022)
It is not difficult to see that for the effective exercise of the powers of removal of a Chief Judge of a State by the Governor and House of Assembly, the first port of call by the Governor on his journey to remove a Chief Judge of the State shall be the National Judicial Council which is equipped with the personnel and resources to investigate the inability of the Chief Judge to discharge the functions of his office the subject of disciplinary action of removal through the Committees of the Council and where the infirmity of the mind or body is involved the services of a medical board to examine and submit appropriate report on the Chief Judge to be affected could also avail the Council in the process of investigation.
– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)
Gbadamosi v. Kabo Travels Ltd (2000) 8 NWLR (Pt. 668) page 243 at paragraphs 288/289, it was held thus:- “Judges are required to keep abreast of time and not to live in complete oblivion to happenings around them. They are to keep pace with the time.”
It is for the foregoing reasons that I hold the view that in the resolution of the issue at hand, the entire provisions of the 1999 Constitution in Sections 153(1)(i)(2), 271(1), 292(1)(a)(ii) and paragraph 21 of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 dealing with the appointments removal and exercise of disciplinary control over Judicial Officers, must be read, interpreted, and applied together in resolving the issue of whether or not the Governor of a State and the House of Assembly of a State can remove a Chief Judge of a State in Nigeria without any input of the National Judicial Council.
– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)
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 it is; not as it ought to be. That will be flouting the rule of division of labour as set out by the Constitution of the Federal Republic of Nigeria, 1999. The provisions of sections 2(1) and 24 of the Act as reproduced above remain the law and shall continue to be so until when same is repealed or amended. For now, I see nothing amiss about the law.
— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005
In NWANI vs. EDE (1996) 8 NWLR (pt. 466) 332, Tobi, JCA (as he then was) stated: “It is a general principle of law that a Judge lacks the jurisdiction to overturn the decision of another Judge, even if he feels strongly that the decision is wrong. Such a judicial conduct is tantamount to presiding over the decision of the brother Judge on appeal. The Constitution does not allow such a procedure…”
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