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
Referring to a judge in the third person pronoun (e.g., “he” or “she”) is discourteous and unethical. Proper reference is “learned trial Judge,” “learned Judge,” or “Hon. Judge.” The rule applies to all judges regardless of gender. Court etiquette demands respect for judicial office. Improper reference may attract judicial disapproval. The principle preserves the dignity of the court. Counsel must use respectful language. The practice is mandatory, not optional. The court may admonish counsel for discourtesy. The rule is based on professional ethics and respect for the judiciary. The principle applies in all legal submissions, oral and written.