LEGAL PRINCIPLE: PROFESSIONAL ETHICS – Court Etiquette – Reference to Judges – Improper Use of Personal Pronouns
PRINCIPLE STATEMENT
This is a very bad way of showing discourtesy to a lady Judge or infact any Judge at all by referring to him or her in third person pronoun. It is absolutely unethical and unpardonable and whether the Jude is a 'he' or 'she', reference should be made to the 'learned trial Judge or learned Judge or even Hon. Judge.'
RATIO DECIDENDI (SOURCE)
Per Umaru Atu Kalgo, JSC, in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at p. 16; Paras B–D.
"This is a very bad way of showing discourtesy to a lady Judge or infact any Judge at all by referring to him or her in third person pronoun. It is absolutely unethical and unpardonable and whether the Jude is a 'he' or 'she', reference should be made to the 'learned trial Judge or learned Judge or even Hon. Judge.'"
EXPLANATION / SCOPE
Counsel must never refer to a judge in the third person pronoun (e.g., “he said” or “she said”) in court proceedings. Proper references are “the learned trial Judge,” “the learned Judge,” or “Hon. Judge.” Using personal pronouns is discourteous, unethical, and unpardonable. This applies regardless of the judge’s gender. The rule maintains respect for judicial office and decorum in court. Counsel must model proper etiquette. Breach may attract judicial reprimand. The principle applies equally to all judges—male or female. Respectful address preserves the dignity of judicial proceedings. Counsel should err on the side of formality. The rule is fundamental to professional conduct.