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JUDGES ARE TO BE CURRENT WITH THE TIMES

Dictum

Gbadamosi v. Kabo Travels Ltd (2000) 8 NWLR (Pt. 668) page 243 at paragraphs 288/289, it was held thus:- “Judges are required to keep abreast of time and not to live in complete oblivion to happenings around them. They are to keep pace with the time.”

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PROCESS FOR REMOVAL OF A CHIEF JUDGE BY A STATE GOVERNOR

It is not difficult to see that for the effective exercise of the powers of removal of a Chief Judge of a State by the Governor and House of Assembly, the first port of call by the Governor on his journey to remove a Chief Judge of the State shall be the National Judicial Council...

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COUNSEL SHOULD NOT MISQUOTE JUDGE

I will pause here to advise that learned counsel when referring to statements made by trial Judges should not impute words not said by them, or misquote their statements and present statements which were not actually uttered or remarked by them (the Judges). A close look at the passage quoted above leaves one in no...

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IF GOVERNOR IS ALLOWED TO APPOINT & REMOVE JUDICIAL OFFICERS WITHOUT NJC

If the Governor alone is allowed to, in exercise of his Executive power, appoint directly, and discipline judicial officers of his State, this may, no doubt, lead to avoidable corruption and prevent judicial officers from carrying out their functions freely and without any intimidation by the Executive. Judicial Officers may become stooges of the Governor...

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A JUDGE IS TO EXAMINE CASES BEFORE HIM WITH DUE CARE, AND MAY RAISE ANY DEFECT IN A SUIT

This issue reminds of the dictum of this Court in Sodipo v Lemminkainem OY and Anor[1986] 1 NWLR (pt. 15) 220, According to the Court: “A Judge exists to determine disputes and examine with due care and microscopic senses all matters before him in his pursuit of justice.” This dictum, to my mind, is a...

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JUDGES SHOULD NOT BE CASTIGATED FOR PERFORMING THEIR DUTIES

The way politics in this country is played frightens me every dawning day. It is a fight to finish affair. Nobody accepts defeat at the polls. The Judges must be the final bus stop. And when they come to the Judges and the Judges in their professional minds give judgment, they call them all sorts...

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WHEN A JUDGE SITS BOTH AS A JUDGE AND JURY

It is quite another thing when a Judge sits both as trial – Judge and jury. In this connection we draw attention, with approval, to the observations of the West African Court of Appeal in R. v. Adebanjo & ors. (1935) 2 WACA 315: “…..We think it (is) going altogether too far to demand that a Judge, sitting as both judge and jury, should commence his judgment by directing himself as to the burden of proof, the doctrine of reasonable doubt, and the elements which constitute the offences with which the accused is, or are, charged. To our minds it must be presumed that a learned Judge, sitting as both Judge jury, has directed himself aright in matters of law unless the contrary appears from the judgment……..” (Underlining supplied by this court) – See (1935) 2 WACA at P. 321 per Atkin, J.

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