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JUDGES SHOULD NOT BE CASTIGATED FOR PERFORMING THEIR DUTIES

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The way politics in this country is played frightens me every dawning day. It is a fight to finish affair. Nobody accepts defeat at the polls. The Judges must be the final bus stop. And when they come to the Judges and the Judges in their professional minds give judgment, they call them all sorts of names. To the party who wins the case, the Judiciary is the best place and real common hope of the common man. To the party who loses, the Judiciary is bad. Even when a party loses a case because of serious blunder of Counsel, it is the Judge who is blamed. Why? While I know as a matter of fact that in every case, the Judge makes an additional enemy, if I use the word unguardedly, I must say that the Judge does not regard the person as his enemy. The Judge who has given judgment in the light of the law, should not be castigated in the way it is done in this country. That is a primitive conduct and I condemn it. It is a conduct that does not help the promotion of the administration of justice. It is rather a conduct that is likely to affect adversely the administration of justice in this country. I feel very strongly that Nigerian Judges should be allowed to perform their judicial functions to the best of their ability. I should also say that no amount of bad name-calling will deter Nigerian Judges from performing their constitutional functions of deciding cases between two or more competing parties. Somebody must be trusted in doing the correct thing. Why not the Nigerian Judge?

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

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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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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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THE JUDGE MUST BE OBEDIENT TO THE WILL OF PARLIAMENT

Lord Denning, M.R., in DUPORT STEELS LTD v. SIRS (1980) 1 ALL E.R. 529, where it was said by Lord Scarman in his Speech at p. 551 (on an appeal from Lord Denning’s Lead judgment in that case) that: “But in the field of statute law the Judge must be obedient to the will of Parliament as expressed in its enactments. In this field Parliament makes and unmakes the law, the judge’s duty is to interpret and to apply the law, not to change it to meet the judge’s idea of what justice requires. Interpretation does, of course, imply in the interpreter a power of choice where differing constructions is possible. But our law requires that the judge choose the construction which in his judgment best meets the legislative purpose of the enactment. If the result is unjust but inevitable, the judge may say so and invite Parliament to reconsider the provision. But he must not deny the statute. Unpalatable statute may not be disregarded or rejected, merely because it is unpalatable. Only if a just result can be achieved without violating the legislative purpose of the statute may the judge select the construction which best suits his idea of what justice requires.”

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INTERPRETATION FOR THE APPOINTMENT & REMOVAL OF JUDICIAL OFFICERS

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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A JUDGE IS TO EXAMINE CASES BEFORE HIM WITH DUE CARE, AND MAY RAISE ANY DEFECT IN A SUIT

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)

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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 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

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