LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Fair Hearing – Order of Evaluation of Evidence Not Evidence of Bias
PRINCIPLE STATEMENT
The mere fact that he first evaluated the evidence of the prosecution before adverting to that of the defence is not evidence of bias or wrong evaluation. All the trial Judge did in this case was to evaluate all the evidence before him; to my mind that is precisely what the law requires.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, quoting Belgore, JSC in Adamu v. State, in Awopejo & Ors v. State (2001) NLC-2782000(SC) at p. 9; Paras A–B.
"The mere fact that he first evaluated the evidence of the prosecution before adverting to that of the defence is not evidence of bias or wrong evaluation. All the trial Judge did in this case was to evaluate all the evidence before him; to my mind that is precisely what the law requires."
EXPLANATION / SCOPE
The order in which a judge evaluates evidence—prosecution first, then defence—does not demonstrate bias or wrong evaluation. The judge must evaluate all evidence. The sequence is a matter of judicial style, not substance. What matters is that both sides’ evidence are considered and weighed. Bias requires a real likelihood of prejudice, not procedural ordering. The principle prevents appellants from manufacturing bias claims based on the judge’s narrative structure. The court examines whether the judge properly considered the defence case, not the order of presentation. The judge may summarise the prosecution case first for logical flow. The test is whether the defence case was fairly considered, not the sequence.