PRACTICE AND PROCEDURE — Counsel — Allegation of Bias Against Judge — Requirement of Clear Evidence
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at pp. 34—35; Paras E—A:
"On the second issue of malignation of counsel, it is my respectful view that to allege that a Judge has taken side in a case by way of bias or interest is a very serious allegation. The fact that a Judge erred or committed a grave error in the determination of a matter is not a prima facie evidence of bias. There must be clear hard evidence in the record to back or prove the allegation of bias."
Explanation / Scope
This principle establishes that an allegation of judicial bias is serious and requires clear hard evidence; a mere error in judgment is not prima facie evidence of bias. The principle applies where bias is alleged. It ensures that allegations are supported by evidence. The principle reflects the seriousness of bias allegations. It prevents unfounded claims. The court must require clear evidence. The principle provides guidance on bias allegations.