LEGAL PRINCIPLE: CRIMINAL LAW — Judicial Notice — Limits of — Judge Cannot Act on Private Knowledge
PRINCIPLE STATEMENT
Although judges may use their knowledge of common affairs, they may not act on their own private knowledge or belief regarding the facts of the particular case. If they have material facts to impart, they should be sworn as witnesses and cannot adjudicate on their own testimony.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Damina v. The State (1995) NLC-1191994(SC) at p. 44; Paras. A–C.
"Although Judges, by way of judicial notice, may in arriving at decisions, use their knowledge of the common affairs of life which men of ordinary intelligence possess, they may not act on their own private knowledge or belief regarding the facts of the particular case before them. If they have material facts to impart in connection with a cause or matter before them, the more proper role for them would be to be sworn in as witnesses and must not, either when sitting alone or with others, adjudicate on their own testimony or private knowledge or take any further judicial part in the proceedings."
EXPLANATION / SCOPE
Judicial notice is limited to common knowledge. A judge cannot rely on private knowledge of case facts. If a judge has material facts, they must become a witness and recuse themselves. The principle prevents bias and ensures fairness. The rule applies to all courts. The judge cannot be both witness and adjudicator. The decision based on private knowledge is void. The principle protects the right to fair hearing.