LEGAL PRINCIPLE: PROFESSIONAL ETHICS – Bias – Judge as Spouse of Governor Who Signed Legislation – Whether Constitutes Real Likelihood of Bias
PRINCIPLE STATEMENT
The fact that the learned trial Judge at the time she tried the case was (and she still is) the wife of Chief Bola Ige and who was at the time he assented to Exhibit C1 Executive Governor of Oyo State simpliciter is not enough to disqualify her in adjudicating the matter on ground of real bias or a likelihood of bias. I cannot imagine that any reasonable man would confuse the action against the Government of Oyo State with an action against Chief Bola Ige which he did in his personal capacity.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Secretary, Iwo Central Local Government v. Adio (2000) NLC-1431994(SC) at p. 20; Paras B–E.
"The fact that the learned trial Judge at the time she tried the case was (and she still is) the wife of Chief Bola Ige and who was at the time he assented to Exhibit C1 Executive Governor of Oyo State simpliciter is not enough to disqualify her in adjudicating the matter on ground of real bias or a likelihood of bias. I cannot imagine that any reasonable man would confuse the action against the Government of Oyo State with an action against Chief Bola Ige which he did in his personal capacity."
EXPLANATION / SCOPE
A judge being the spouse of a Governor who signed legislation does not automatically create real likelihood of bias. The action is against the Government (abstract entity), not the Governor personally. A reasonable person distinguishes between the Governor’s official constitutional duty (assenting to legislation) and personal capacity. Marital relationship alone, without evidence of direct personal interest in the subject matter, is insufficient for disqualification. The complainant must show more than mere relationship—such as direct benefit or personal involvement. The state continues regardless of who holds office.