LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Bias and Disqualification of Judges – Circumstances Precluding a Judge from Sitting
PRINCIPLE STATEMENT
A judge is precluded from hearing a case when he has personal interest, when he would be a judge in his own matter, when he has previously dealt with the same issue in a lower court and is being called upon to decide an appeal against his own decision, or when his connection with a party makes it unconscionable for him to participate.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Adefulu v. Okulaja (1998) NLC-561993(SC) at p. 6; Paras C–E.
"When is a judge precluded from hearing a case? The answer to this is simple: It is when he has personal interest when he would seem to be a judge in his own matter; or when having dealt with the same issue and it comes or resurfaces when he is in a superior court and is being called upon to decide an appeal against his own decision; or because of some obvious or latent connection of his with either of the parties or all of them, it would not be conscionable of him to participate in hearing the case or generally his being a member of the tribunal would not appear to be in the interest of justice as he will not be seen to do justice."
EXPLANATION / SCOPE
Judges must recuse themselves in cases of personal interest, prior involvement, or connection with parties. The principle ensures impartiality. The rule protects the appearance of justice. The judge must avoid sitting on appeal from own decision. The principle is fundamental.