Violation of any of the Rules contained in this Code shall constitute judicial misconduct and or, misbehavior and shall attract disciplinary action.

The following is the “Code of Conduct” for Judicial Officers of the Federal Republic of Nigeria:

Preamble

The Nigerian Judiciary, as the Third Arm of Government under the Constitution of the Federal Republic of Nigeria recognizes, accepts and affirms that:

An independent, strong, respected and respectable judiciary is indispensable for the impartial administration of Justice in a democratic State.

It is the duty of every Judicial Officer to actively participate in establishing, maintaining, enforcing, and himself observing a high standard of conduct that will ensure and preserve transparently, the integrity and respect for the independence of the Judiciary.

The judicial duties of a Judicial Officer, which include all the duties of his office prescribed by law take precedence over all his other activities.

It is advisable that the standard of conduct which a Judicial Officer is obliged to observe be prescribed and published for the information of and due compliance by the Judicial Officer himself and the public in general so that the objectives set out in this Code of Conduct may be achieved.

Therefore, this Code of Conduct for Judicial Officers of the Federal Republic of Nigeria is hereby adopted to serve as the minimum standard of conduct to be observed by each and every Judicial Officer as defined in this Code.

Explanatory notes

In this Code, the term “Judicial Officer” shall mean a holder of the office of Chief Justice of Nigeria, a Justice of the Supreme Court, the President or Justice of the Court of Appeal, the Chief Judge or Judge of the Federal High Court, the President or Judge of National Industrial Court of Nigeria, the Chief Judge or Judge of High Court of a State and of the Federal Capital Territory, Abuja, the Grand Kadi or Kadi of a Sharia Court of Appeal of a State and the Federal Capital Territory, Abuja, the President or Judge of a Customary Court of Appeal of a State and of the Federal Capital Territory, Abuja and every holder of similar office in any office and tribunal where the duties involves adjudication of any dispute or disagreement between person and person (natural or legal) or person and Government at Federal, State and Local Government levels including the agents and privies of any such person.

Reference to the masculine gender shall include females.

Application of the Code

The Code applies to all categories of Judicial Officers throughout the Federation as defined in this Code.

Violation of any of the Rules contained in this Code shall constitute judicial misconduct and or, misbehavior and shall attract disciplinary action.

RULES

In the performance of his duties, a Judicial Officer shall adhere and observe strictly the rules set in the Code. Non observance of these Rules shall constitute misconduct or misbehavior.

The Preamble to this code shall be construed as an integral part of the Code and its provisions shall be as enforceable as the provision of the specific rules in the Code.

RULE 1

Propriety and the appearance of propriety, both professional and personal

1.1 Propriety and the appearance of propriety, both professional and personal, are essential elements of a Judge’s life. As members of the public expect a high standard of conduct from a Judge, he or she must, when in doubt about attending an event or receiving a gift, however small, ask himself or herself the question- “How might this look in the eyes of the public?”

1.2 A Judge shall avoid impropriety and the appearance of impropriety in all of the Judge’s activities both in his professional and private life.

1.3 A Judicial Officer should respect and comply with the laws of the land and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the Judiciary.

1.4 The Judge must be sensitive to the need to avoid contacts that may lead people to speculate that there is a special relationship between him and someone whom the Judge may be tempted to favour in some way in the course of his judicial duties.

1.5 A Judicial Officer must avoid social relationships that are improper or may give rise to an appearance of impropriety or that may cast doubt on the ability of a Judicial Officer to decide cases impartially.

1.6 A Judge shall not hold membership in any organization that discriminates on the basis of race, sex, religion, ethnicity, national origin or other irrelevant cause contrary to fundamental human rights and/or the Fundamental Objectives and Directive Principles of State Policy under the Nigerian Constitution.

1.7 A Judge shall not engage in gambling as a leisure activity.

RULE 2

Personal relations with individual members of the legal profession

2.1 A Judge shall in his or her personal relations with individual members of the legal profession, who practice regularly in the Judge’s Court, avoid situations which might reasonably give rise to the suspicion of or appearance of favoritism or partiality.

2.2 Although, social contact between members of the judiciary and members of the legal profession is a long standing tradition and is proper, a Judge should act on the basis of common sense and exercise caution in this aspect of his social contact with members of the profession. A Judge would therefore be wise to avoid recurrent contacts with a lawyer appearing before him in the course of a particular case if this could lead to a reasonable perception that the Judge and the lawyer have a close personal relationship.

2.3 A Judge shall not allow the use of the Judge’s residence by a member of the legal profession to receive clients or other members of the legal profession. It is inappropriate for a Judge to permit a lawyer to use his or her residence to meet clients or use the Judge’s telephone in connection with that lawyer’s legal practice.

2.4 Depending on the circumstances, some degree of socializing is acceptable, provided the Judge does not create either the need for frequent contacts or the reasonable appearance that his impartiality might be compromised.

2.5 A Judge shall not accept gifts from a lawyer who might appear in a case before him if the gift is not one given to Judges generally at festive seasons such as Christmas or Salah gifts; provided always that the gift is not more than that ordinarily given or is not of pecuniary nature.

2.6 A Judge shall not in or outside Nigeria accept accommodation provided by a lawyer either in his house or in a hotel paid for by the lawyer or allow to be hosted by a lawyer who is or is likely to appear in his Court.

2.7 Whether a Judge may attend a party given by a law firm depends upon who is giving the party and who else might attend, as well as on the nature of the party. Special care should be taken where a particular law firm may be seen as marketing itself or its services to clients or potential clients. The Judge must ensure that his or her presence at the party of a law firm will not affect the Judge’s appearance of impartiality or give the impression that the law firm enjoys open or tacit approval of the Judge.

2.8 A Judge shall avoid developing excessively close relationship with frequent litigants – such as government ministers or their officials, municipal officials, police prosecutors in any Court where the Judge often sits, if such relationship could reasonably create an appearance of partiality.

2.9 A Judge shall not belong to a social union or group where lawyers who appear before him or her are also members.

2.10 A Judge shall not participate in the determination of a case in which any member of the Judge’s family represents a litigant or is associated in any manner with the case.

2.11 Where a Judge is socially involved in a dating relationship with lawyer, the Judge should not ordinarily, sit on cases involving that lawyer or members of his family.

RULE 3

Fidelity to the Constitution and the Law

3.1 A Judicial Officer should be true and faithful to the Constitution and the Law, uphold the course of justice by abiding with provisions of Constitution and the Law and should acquire and maintain professional competence.

3.2 A Judicial Officer should be patient, dignified and courteous to accused persons and litigants, assessors, witnesses, legal practitioners and all others with whom he has to deal in his official capacity and should demand similar conduct of legal practitioners, his staff and others under his direction and control.

3.3 A Judicial Officer should accord to every person who is legally interested in a proceeding, or his legal representative full right to be heard according to law, and except as authorized by law, neither initiate, encourage, nor consider ex parte or other communications concerning a pending or impending proceeding.

For the purpose of this sub-rule an “ex parte communication” is any communication involving less than all the parties who have a legal interest in the case, whether oral or written, about a pending or impending case, made to or initiated or entertained by the Judicial Officer presiding over the case.

3.4 A Judicial Officer shall ensure strict compliance with the provisions of the Constitution which require that a copy of judgment of the Superior Court of Record be given to parties in the cause within seven days of the delivery therefore.

3.5 A Judicial Officer must avoid the abuse of the power of issuing interim injunctions, ex parte.

3.6 In judicial proceedings, a Judicial Officer should maintain order and decorum.

3.7 A Judicial Officer should promptly dispose of the business of Court. To achieve this, the Judicial Officer is to devote adequate time to his duties, to be punctual in attending Court and expeditious in determining matters in Court. Unless ill or unable, for good reason, to come to Court, a Judicial Officer must appear regularly for work, avoid tardiness, and maintain official hours of the Court.

RULE 4

Duty to abstain from comments about a pending or impending proceeding in any Court in this country

4.1 A Judicial Officer should abstain from comments about a pending or impending proceeding in any Court in this country, and should require similar abstention on the part of the Court personnel under his direction and control, provided that this provision does not prohibit a Judicial Officer from making statements in the course of his official duties or from explaining for public or private information, the procedure of the Court so long as such statements are not prejudicial to his integrity of the Judiciary and the administration of justice.

4.2 A Judicial Officer shall be bound by professional secrecy with regard to his deliberations and to confidential information acquired in the course of his duties. Accordingly, confidential information acquired in the Judge’s judicial capacity shall not be used or disclosed by the Judge for any other purpose not related to the Judge’s judicial duties.

RULE 5

Right to freedom of expression

5. A Judge, like any other citizen, is entitled to freedom of expression, belief, association and assembly; but in exercising such rights, a Judge shall always conduct himself in such manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary. Accordingly, a Judge shall act with such restraint as is necessary to:

a. maintain public confidence in the impartiality and independence of the judiciary;

b. avoid involvement in public discussion or discourse if his or her involvement could reasonably undermine confidence in his or her impartiality;

c. avoid such occasions and circumstances where such involvement may unnecessarily expose the Judge to political attacks or be inconsistent with the dignity of a Judicial officer; and/or

d. adhere strictly to political silence

RULE 6

Duty to abstain from involvement in public controversies

6. The duties of Judges are not consistent with any involvement in public controversies:

a. A Judge should not involve himself or herself inappropriately in public controversies.

b. A Judge shall not enter the political arena or participate in public debates – either by expressing opinions on controversial subjects, entering into disputes with public figures in the community, or publicly criticizing the government.

c. The convention of political silence requires the Judge concerned not to ordinarily reply to public statement. Although, the right to criticize a Judge is subject to the rules relating to contempt, these are not to be invoked today to suppress or punish criticism of the judiciary or of a particular Judge. The better and wiser course is to ignore any scandalous attack or criticism outside the court room rather than to exacerbate the publicity by initiating proceedings.

d. Contempt ex facie curiae – is an attack on the integrity and authority of the court of law and the administration of justice. Though rule 6(c) requires the power to punish for contempt to be exercised with great caution, the power to punish for contempt committed ex facie curiae must be used to protect the Court from open attack aimed at discrediting the administration of justice.

e. A Judge may speak out on matters that affect the judiciary which directly affects the operation of the Courts, the independence of the judiciary, fundamental aspects of the administration of justice. On these matters, a Judge should act with great restraint. While a Judge may through his Head of Court properly make public representations to the government on these matters, he/she must not be seen as “lobbying” government or as indicating how he or she would rule if particular situations were to come before the Court.

f. A Judge may participate in discussion of the law for educational purposes or to point out weaknesses in the law. Judicial commentary should be limited to practical implications or drafting deficiencies and should be made as part of a collective or institutionalized effort by the Judiciary, not of an individual Judge.

RULE 7

Duty in regard to the Judge’s personal and fiduciary financial interest

7.1 A Judge shall inform himself or herself about his or her personal and fiduciary financial interests and shall make reasonable efforts to be informed about the financial interests of members of the Judge’s family in respect of matters for adjudication before him.

7.2 If it appears in respect of a matter before him or her, that the Judge, or a member of the Judge’s family or other person in respect of which the Judge is in a fiduciary relationship, is likely to benefit financially, the Judge has no alternative but to withdraw from the case.

7.3 For the purpose of this rule, “Financial interest” includes ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other active participant in the affairs of an institution or organisation. The following are not to be regarded as financial interests:

1. The proprietary interest of a policy holder in a mutual insurance company, unless the outcome of any proceeding could substantially affect the value of the interest.

2. Ownership of government securities unless if the outcome of any proceeding could substantially affect the value of the security.

For the purpose of the Rules contained in this Code –

(a) “fiduciary” includes such relationships as executor, administrator, trustee and guardian;

(b) “financial interest” means ownership in a substantial manner of a legal or equitable interest, or a relationship as director, adviser or other active participation in the affairs of a party except that:

(i) ownership in a mutual or common investment fund which holds securities, unless the Judicial Officer participates in the management of the fund;

(ii) an officer in an educational, religious, charitable or civil organization is not a “financial interest” in securities held by the organization;

(iii) the proprietary interest of a policy holder in a mutual savings’ society or similar proprietary interest, is a “financial interest” in the organization only if the outcome of the proceedings could substantially affect the value of the interest; and

(iv) ownership of government securities is a “financial interest” in the issues only if the outcome of the proceedings could substantially affect the value of the securities.

To be continued…..

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