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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

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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 case. – Nweze JSC. Abdullahi v. Adetutu (2019)

Even then, it is well – established that an appellate Court will not, in principle, interfere with the exercise of discretion by the trial Court unless that discretion is shown to have been exercised upon wrong principles or that the exercise was tainted with some illegality or substantial irregularity. – Nweze JSC. Abdullahi v. Adetutu (2019)

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appeal, discretion, judge

A JUDGE IS EXPECTED TO BE STRAIGHTFORWARD IN HIS JUDICIAL EXERCISE

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)

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APPEAL TO NATIONAL INDUSTRIAL COURT: APPEAL ON CHAPTER IV IS OF RIGHT

In law when an appeal against the decision of the Court below, the National Industrial Court of Nigeria, borders squarely on allegation of any breach of Chapter IV of the Constitution of Nigeria 1999 (as amended) dealing with the provisions relating to fundamental rights, such an appeal lie as of right and no leave of Court is required. So also is an appeal against the decision of the Court below in criminal matters lie as of right without any need for leave of Court. However, where an appeal against the decision of the Court below in civil matter borders on grounds other than grounds alleging breach of any of the provisions of Chapter IV of the Constitution of Nigeria 1999 (as amended), happily the law is now firmly settled that it can only lie with the leave of Court. See Skye Bank v. Iwu (2017) LPELR-42595 (SC).

— B.A. Georgewill, JCA. University of Lagos v. Mbaso (2018) – CA/L/775/2016

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THE EFFECT OF BIAS ON A JUDGE

On the subject of bias, I make bold to say that the allegation once made is a serious one. This in my opinion is more serious because in this instance, the integrity of the Judge is being attacked. The language of bias is indicative of a deliberate action by the Judge to look outside the law and the facts to decide a matter. Accusing a judicial officer of bias is to say that the judicial officer is not fit to take over the responsibility of such great honour and a direct affront to the oath of office that he took on the day he was sworn in. In fact, a Judge is a representative of God on earth and therefore should imbibe the principle of justice and therefore jealously guide this divine calling. To be a judicial officer takes more than knowledge of the law and been intelligent but must more requires good character in both the strict and general sense of the word. An appeal on grounds of bias is a challenge on the character, the integrity of the judicial officer. It is a challenge that takes away from him the covering of decency as a judicial officer. I am going into all that to drive home the point that lawyers should be very careful in accusing a judicial officer of bias except when there is convincing evidence to buttress that. I make bold to say that the time has come for disciplinary action to be taken against lawyers who accuse a Court or Judge of bias which he can not establish. Once a Court has been accused of bias, unfortunately it cannot be taken back and no matter how clean the judicial officer is, there is a dent on his integrity even if it is by one person who earlier held him in high esteem. – EBIOWEI TOBI, J.C.A. Abdul v. State (2021)

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EXERCISE OF JUDICIAL DISCRETION IS TO ATTAIN JUSTICE

I would like to add that in the exercise of judicial discretion the primary objective of the court must be to attain substantial justice. Acting judicially imports consideration of the interest of both parties and weighing them in order to arrive at a just and fair decision. See United Spinners Ltd. v. Chartered Bank Ltd. (2001) 14 NWLR (Pt. 732) 195 at 216.

— M. Peter-Odili, JCA. CAC v. Ayedun (2005) – CA/A/152/2004

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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. Above all, a judge should not be biased under any guise. It needs no further gain-saying that Auta J. should watch his steps in the discharge of his judicial functions. My Learned brother has said it all. I also allow the appeal and abide by all consequential orders including that relating to costs in the lead judgment.

— John Afolabi Fabiyi, JSC. Nnamdi Eriobuna & Ors. V. Ikechukwu Obiorah (CA/E/77/99, 24 May 1999)

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COUNSEL SHOULD NOT MISQUOTE JUDGE

I will pause here to advise that learned counsel when referring to statements made by trial Judges should not impute words not said by them, or misquote their statements and present statements which were not actually uttered or remarked by them (the Judges). A close look at the passage quoted above leaves one in no doubt that the Judge did not say that the depositions were of no assistance to him . Rather, what he said was that they were of little assistance to him . He is therefore misunderstood or quoted out of context.

– Sanusi JCA. Enejo v. Nasir (2006)

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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

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A JUDGE IS EXPECTED TO BE STRAIGHTFORWARD IN HIS JUDICIAL EXERCISE

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APPEAL TO NATIONAL INDUSTRIAL COURT: APPEAL ON CHAPTER IV IS OF RIGHT

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THE EFFECT OF BIAS ON A JUDGE

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EXERCISE OF JUDICIAL DISCRETION IS TO ATTAIN JUSTICE

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A JUDGE SHOULD BE SOBER

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COUNSEL SHOULD NOT MISQUOTE JUDGE

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