JURISDICTION — Bias — Allegation of bias against a judge — Nature of attack — Requirement of concrete evidence
Ratio Decidendi
Per Muhammad, JSC, in Womiloju & Ors v. Anibire & Ors (2010) NLC-123-211-2002(SC) at p. 10, para. E – p. 11, para. A:
"The allegation of bias is a very serious attack on the person and integrity of a judge. A counsel who decides to launch such attack on a judge must be prepared to show by concrete evidence in support of his allegation."
Explanation / Scope
This principle establishes that an allegation of bias is a serious attack on the person and integrity of a judge. Counsel who makes such an allegation must be prepared to support it with concrete evidence. The principle applies where bias is alleged. It ensures that allegations are not made lightly. The principle reflects the seriousness of the accusation. It protects judges from unfounded attacks. The court must require concrete evidence. The principle provides guidance on the requirements for alleging bias.