LEGAL PRINCIPLE: PROFESSIONAL ETHICS – Bias – Real Likelihood of Bias – Test for Disqualification of Judge on Ground of Marital Relationship with Public Officer
PRINCIPLE STATEMENT
To disqualify a person from acting in a judicial or quasi-judicial capacity upon the ground of interest (other than pecuniary or proprietary) in the subject-matter of the proceeding, a real likelihood of bias must be shown. A real likelihood of bias must be made to appear not only from the materials in fact ascertained by the party complaining, but from such further facts as he might readily have ascertained and easily verified in the course of his inquiries.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Secretary, Iwo Central Local Government & Ors v. Adio (2000) NLC-1431994(SC) at p. 20; Paras A–B.
"To disqualify a person from acting in a judicial or quasi-judicial capacity upon the ground of interest (other than pecuniary or proprietary) in the subject-matter of the proceeding, a real likelihood of bias must be shown. A real likelihood of bias must be made to appear not only from the materials in fact ascertained by the party complaining, but from such further facts as he might readily have ascertained and easily verified in the course of his inquiries."
EXPLANATION / SCOPE
Disqualification for bias (non-pecuniary interest) requires proof of real likelihood of bias—not mere suspicion or conjecture. The party complaining must show facts ascertainable or verifiable through reasonable inquiry. Marital relationship with a public officer does not automatically disqualify; the relationship must create a real likelihood that the judge would favour one side. The test is objective: would a reasonable person, fully apprised of the facts, conclude bias likely? The burden is on the complainant to adduce evidence, not speculation. The standard protects judicial integrity without enabling frivolous disqualification requests.