LEGAL PRINCIPLE: PROFESSIONAL ETHICS – Bias – Real Likelihood of Bias – Test to Be Applied
PRINCIPLE STATEMENT
The test to be applied in determining whether or not there is bias is whether a reasonable man, in all the circumstances, might suppose that there was an improper interference with the course of justice. The correct test is that a real likelihood of bias must be shown. Mere suspicion or conjecture is not enough. There must be circumstances from which a reasonable man would think it likely or probable that the justice or chairman, as the case may be, would, or did, favour one side unfairly at the expense of the other.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Secretary, Iwo Central Local Government v. Adio (2000) NLC-1431994(SC) at p. 15; Paras A–C.
"The test to be applied in determining whether or not there is bias is whether a reasonable man, in all the circumstances, might suppose that there was an improper interference with the course of justice. The correct test is that a real likelihood of bias must be shown. Mere suspicion or conjecture is not enough. There must be circumstances from which a reasonable man would think it likely or probable that the justice or chairman, as the case may be, would, or did, favour one side unfairly at the expense of the other."
EXPLANATION / SCOPE
The bias test is objective: would a reasonable person, fully aware of all circumstances, suppose improper interference with justice? Real likelihood must be shown—mere suspicion or conjecture is insufficient. The complainant must demonstrate circumstances from which a reasonable person would think it likely or probable that the judge would favour one side unfairly. The standard is not capricious or hypersensitive. The reasonable person is informed, not ignorant. This balances the right to impartial adjudication with the need to avoid trivial or strategic disqualification attempts.