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INTERPRETATION FOR THE APPOINTMENT & REMOVAL OF JUDICIAL OFFICERS

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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)

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COORDINATE JUDGES CANNOT OVERTURN ONE ANOTHER

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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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 correct as argued by the Respondents that the entire matter in the case was a State Government affair.

– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)

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A JUDGE IS A HUMAN BEING

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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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.

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NIGERIAN JUDGES AND POLITICIANS MUST NOT BE FOUND MINGLING

I see from Exhibit EP2/34 the need for Nigerian Judges to maintain a very big distance from politics and politicians. Our Constitution forbids any mingling. As Judges, we must obey the Constitution. The two professions do not meet and will never meet at all in our democracy in the discharge of their functions. While politics as a profession is fully and totally based on partiality, most of the time, judgeship as a profession is fully and totally based on impartiality, the opposite of partiality. Bias is the trade mark of politicians. Non-bias is the trade mark of the Judge. That again creates a scenario of superlatives in the realm of opposites. Therefore the expressions, “politician” and “Judge” are opposites, so to say, in their functional contents as above; though not in their ordinary dictionary meaning. Their waters never meet in the same way Rivers Niger and Benue meet at the confluence near Lokoja. If they meet, the victim will be democracy most of the time. And that will be bad for sovereign Nigeria. And so Judges should, on no account, dance to the music played by politicians because that will completely destroy their role as independent umpires in the judicial process. Let no Judge flirt with politicians in the performance of their constitutional adjudicatory functions. When I say this, I must also say that I have nothing against politicians. They are our brothers and sisters in our homes. One can hardly find in any Nigerian community or family without them. There cannot be democracy without them and we need democracy; not despotism, oligarchy and totalitarianism. They are jolly good fellows. The only point I am making is that their professional tools are different from ours and the Nigerian Judge should know this before he finds himself or falls into a mirage where he cannot retrace his steps to administer justice. That type of misfortune can fall on him if the National Judicial Council gets annoyed of his conduct. Ours are not theirs. Theirs are not ours. I will not say more. I will not say less too. So be it.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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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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