LEGAL PRINCIPLE: PROFESSIONAL ETHICS – Bias – Waiver of Right to Object
PRINCIPLE STATEMENT
The right to challenge or impugn proceedings of any court or tribunal which was tainted by the adjudicator being disqualified by interest or likelihood of bias may be lost by express or even by implied waiver of the right to object to the adjudicator at the first opportunity during the proceedings. There would however be no waiver or acquiescence unless the party entitled to take the objection was aware of the nature of the disqualification and had opportunity of so objecting.
RATIO DECIDENDI (SOURCE)
Per Nasir, JSC (as quoted by Ogundare, JSC), in Secretary, Iwo Central Local Government v. Adio (2000) NLC-1431994(SC) at p. 17; Paras B–C.
"The right to challenge or impugn proceedings of any court or tribunal which was tainted by the adjudicator being disqualified by interest or likelihood of bias may be lost by express or even by implied waiver of the right to object to the adjudicator at the first opportunity during the proceedings. There would however be no waiver or acquiescence unless the party entitled to take the objection was aware of the nature of the disqualification and had opportunity of so objecting."
EXPLANATION / SCOPE
The right to object to a judge on bias grounds may be waived—expressly or impliedly—if not raised at the first opportunity. However, waiver only applies if the party was aware of the disqualifying facts and had opportunity to object. A party cannot knowingly proceed before a judge, hope for a favourable outcome, and then raise bias after an adverse decision. Timely objection preserves the right; silence may constitute waiver. This prevents strategic manipulation—raising bias only when losing. The principle ensures fairness to both parties and efficient judicial administration.