Ratio Decidendi

Per Muhammad, JSC, in Womiloju & Ors v. Anibire & Ors (2010) NLC-123-211-2002(SC) at p. 11, paras. C–D:

"The court does not look at the mind of whoever sits in judicial capacity. It does not look to see if there was real likelihood that the judge would, or did, in fact, favour one side at the expense of the other. It rather, looks at the impression which would be given to the other people. The likelihood of bias, nevertheless, must be real, not a surprise, caricature or a game of chance."

Explanation / Scope

This principle establishes the test for determining real likelihood of bias: the court looks at the impression that would be given to other people, not the mind of the judge or whether the judge actually favoured one side. The likelihood of bias must be real, not a surprise, caricature, or game of chance. The principle applies where bias is alleged. It ensures that the test is objective. The principle reflects the reasonable person standard. It prevents speculative or frivolous allegations. The court must apply the objective test. The principle provides guidance on determining real likelihood of bias.

Cases Applying This Principle