A Judge by the nature of his position and professional calling is expected to be straightforward, upright, diligent, consistent and open in whatever he does in court and in any other place of human interaction and human endeavour that he happens to find himself. This is because his character as a Judge is public property. He is the cynosure of the entire adjudication in the court, and like caesar’s wife of Ancient Rome, he is expected to live above board and above suspicion, and he must live above board and above suspicion, if the judicial process should not experience any reverse or suffer any detriment. A Judge should know that by the nature of his judicial functions, he is persistently and consistently on trial for any improper conduct immediately before, during and immediately after the trial of a case. In Bakare v. Apena and others (1986) 4 NWLR (pt. 33) 1, Obaseki, JSC said that “a trial Judge ought to know that he is on trial for any improper conduct during the trial of a case before him and immediately thereafter”. By his judicial functions, a Judge is expected to hold the balance in the litigation process and he must be overtly seen as holding the balance evenly.
— Niki Tobi, JCA. Nnamdi Eriobuna & Ors. V. Ikechukwu Obiorah (CA/E/77/99, 24 May 1999)