Continued from Saturday June 14, 2025

A Judge and members of the Judge’s family shall neither ask for, nor accept, any gift, bequest, loan or favour in relation to anything done or to be done or omitted to be done by the Judge in connection with performance of judicial duties.

RULE 9

Responsibility of the Judge in regard to non-judicial activities

9.1 A Judge may engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties.

9.2 A Judge may represent the Judge’s country, state or locality on ceremonial occasions or in connection with national, regional, historical, educational or cultural activities.

9.3 A Judge may participate in community, non-profit making organizations of various types by becoming a member of an organization and its governing body such as charitable organizations, University and School Councils, lay religious bodies, sporting organizations, and organizations promoting cultural or artistic interest. However, in relation to such participation, the following matters should be borne in mind. It is not appropriate for a Judicial Officer to participate:

a. In an organization if its objects are political or if its activities are likely to expose the Judge to public controversy, or if the organization is likely to be regularly or frequently involved in litigation;

b. In an organization likely to make excessive demands on his or her time;

c. In a group to serve or appear to serve as legal adviser;

d. In an organization involved in or lending his name to any fund raising activities; and

e. In an organization requiring its members to solicit if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism.

9.4 A Judge shall not practice law whilst a holder of judicial office.

a. For the purpose of this rule, the practice of law includes work performed outside of a Court and that has no immediate relation to Court proceedings. It includes conveyance, giving legal advice on a wide range of subjects, preparing and executing legal instruments covering an extensive field of business and trust relations, and other affairs.

b. A Judge shall not outside official duties, act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity.

c. A Judge should be circumspect about becoming involved in personal litigation. Personal litigation must be a last resort.

RULE 10

Prohibition of acceptance of gift, bequest, loan, favour, benefit, advantage, bribe etc

10.1i. A Judge and members of the Judge’s family shall neither ask for, nor accept, any gift, bequest, loan or favour in relation to anything done or to be done or omitted to be done by the Judge in connection with performance of judicial duties.

10.1ii. A Judge shall not knowingly permit Court staff or others subject to the Judge’s influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favour in relation to anything done, to be done or omitted to be done in connection with his or her duties or functions.

10.1iii. A Judge shall not give or take and shall not encourage or condone the giving or taking of any benefit, advantage, bribe however disguised for anything done or to be done in the discharge of a judicial duty.

10.2 A Judge must inform those family members and court staff of the relevant ethical constraints upon the Judge in this regard and discourage the family members and staff from violating them. This prohibition does not include:

(i) Ordinary social hospitality that is common in the Judge’s community, extended for a non-business and limited to the provision of modest items such as food and refreshments.

(ii) Items with little intrinsic value intended solely for presentation, such as plagues, certificates, trophies and greeting cards.

(iii) Loans from banks and other financial institutions given on normal terms based on the usual factors, without regard to judicial status.

(iv) Opportunities and benefits, including favourable rates and commercial discounts, that are available based on factors other than judicial status.

(v) Rewards and prizes given to competitors in random drawings, contests or other events that are open to the public and awarded based on factors other than judicial status.

Scholarships and fellowships awarded on the same terms and based on the same criteria applied to any applicant who is not a Judge.

Reimbursement or waiver or charges for travel-related expenses, including the cost of transportation, lodging and meals for the Judge and a relative, incident to the Judge’s attendance at a function or activity devoted to the improvement of the law, the legal system or the administration of justice.

RULE 11

Responsibility in regard to discharge of administrative duties.

11.(i) A Judicial Officer should diligently discharge his administrative duties, maintain professional competence in judicial administration and facilitate the performance of the administrative duties of other Judicial Officers and court officials.

(ii) A Judicial Officer should require his staff and other court officials under his direction and control to observe the standards of integrity and diligence that apply to him.

(iii) A Judicial Officer on becoming aware on reliable evidence of unethical or unprofessional conduct by another judicial officer or a legal practitioner should immediately take adequate steps to report the same to the appropriate body seized with disciplinary powers on the matter complained of.

(iv) In the exercise of his administrative duties, a Judicial Officer should avoid nepotism and favoritism.

(v) A Judicial Officer must refrain from engaging in sexual harassment.

(vi) A Judicial Officer shall not be a member of a Tenders Board or engage in the award of contracts.

RULE 12

Disqualification

12.1 A Judicial Officer should disqualify himself in a proceeding in which his impartiality may genuinely and reasonably be questioned, including but not limited to the instances where:

(a) he has a personal bias or prejudice concerning a party or personal knowledge of facts in dispute;

(b) he served as a legal practitioner in the matter in controversy, or a legal practitioner with whom he previously practiced law, served during such association as a legal practitioner concerning the matter or the Judicial Officer or such legal practitioner has been a material witness in the matter;

(c) he knows that he individually or as a Judicial Officer or his spouse or child; has a financial or any other interest that could be substantially affected by the outcome of the proceeding.

(d) he or his spouse, or a person related to either of them or the spouse of such person –

(i) is a party to the proceedings, or an officer, director or trustee of a party;

(ii) is acting as a legal practitioner in the proceedings;

(iii) is known by the Judicial Officer to have an interest which could be substantially affected by the outcome of the proceedings;

(iv) is to the Judicial Officer’s knowledge likely to be a material witness in the proceedings.

12.2 Waiver of Disqualification

A Judicial Officer disqualified by the terms of Rule 12(1)(c) or Rule 12(1)(d) may, instead of withdrawing from the proceedings, disclose on the record the basis of his disqualification. If based on such disclosure, the parties, their representatives and/or their legal practitioners, independently of the Judicial Officer’s participation, all agree that the Judicial Officer’s relationship is immaterial or that his financial interest is insubstantial, the Judicial Officer shall continue to participate in the proceeding.

RULE 13

Duty of a Judicial Officer to regulate his Extra-Judicial Activities

13.1 A Judicial Officer should regulate his Extra-Judicial Activities to minimize the risk of conflict with his judicial duties. A Judicial Officer, however,

(i) may engage in the arts, sports and other social and recreational activities, if such vocational activities do not adversely affect the dignity of his office or interfere with the performance of his judicial duties;

(ii) may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties.

(iii) Judicial Officers shall be free to form and join associations of Judges or other organizations to represent their interests, to promote their professional training and to protect their judicial independence but shall not join any trade union.

13.2 A Judicial Officer shall not take or accept any Chieftaincy title while in office.

13.3 A Judicial Officer should not serve as the executor, administrator, trustee, guardian or other fiduciary, except for estate, trust, or person of a member of his family, and that only if such service will not interfere with the proper performance of his judicial duties. While acting as a fiduciary, a Judicial Officer, is subject to the same restriction in financial activities which apply to him in his personal capacity.

13.4 Business and Financial Activities

(i) A Judicial Officer may own investments and real property PROVIDED that in the management of his investments, he shall not serve as an officer, director, manager, general partner, adviser or employee of any business entity.

(ii) Otherwise permissible investment or business activities are prohibited if they:

(a) Tend to reflect adversely on judicial impartiality,

(b) Interfere with the proper performance of judicial duties,

(c) Exploit the judicial position; or

(d) Involve the Judicial Officer in frequent transactions with legal practitioners or with people likely to come before the Judicial Officer’s court.

13.5 Acceptance of Gifts

A Judicial Officer and members of his family shall neither ask for nor accept any gift, bequest, favour or loan on account of anything done or omitted to be done by him in the discharge of his duties.

A Judicial Officer is, however, permitted to accept:

(i) Personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognized by custom.

(ii) Books supplied by publishers on a complimentary basis.

(iii) A loan from lending institution in its regular course of business on the same terms generally available to people who are not Judicial Officers;

(iv) A scholarship or fellowship awarded on the same terms applied to other applicants.

RULE 14

Duty of a Judicial Officer in regard to travels within and outside Nigeria

14.1 A Judicial Officer should regulate his travels within and outside Nigeria so as not to affect his judicial duties or cause delay in the administration of justice or detrimentally affect his performance or the overall performance of the judiciary. Travels outside Nigeria should be with the permission of the Chief Justice of Nigeria, after such application has been made.

14.2 Except during vacation a Judicial Officer should ensure that unless strictly essential, travels out of duty station on working days should not be undertaken except for special reasons.

14.3 Where it is strictly essential for a Judicial Officer to travel out of his duty station during working days on short notice such Officer shall as soon as possible before or immediately after he embarks on such journey inform and obtain clearance from his Head of Court.

14.4 Where a Judicial Officer sits in a Court constituted by a Panel he should make such arrangements that would ensure that the business of the Court as scheduled is not disrupted.

14.5 Where a Judicial Officer intends to spend any part of his vacation out of his duty station he should leave his contact address or addresses with the Chief Registrar.

14.6 A Judicial Officer shall not need to obtain permission of his Head of Court to travel out of Nigeria on vacation but shall leave his contact address or addresses with his Head of Court and Chief Registrar.

14.7 Where a Judicial Officer intends to attend a conference outside Nigeria he shall apply for permission to do so through his Head of Court to the Chief Justice of Nigeria. Provided that where the Judicial Officer has been nominated or selected by his Head of Court to attend such conference he shall not be required to make any further application for permission to the Chief Justice, but his Head of Court shall seek such permission from the Chief Justice/Chairman of the Council of such nomination or selection.

14.8 Where a Head of Court intends to organize a work study tour, performance improvement tour, or such similar tours outside the country, the Head of Court shall notify the Chief Justice/Chairman of Council informing him of the nature of the tour, the number of judges that shall be on the tour and the programme envisaged on the tour.

(a) Where the Chief Justice has any reservations about the tour, he shall invite the Head of Court for discussion of his reservation or of the number of Judges planned to embark on the tour or the utility of the tour.

(b) Where the Chief Justice and Head of Court cannot agree the tour shall be suspended for such duration as an agreement can be reached.

(c) The Chief Justice shall state from time to time the likely grounds of his reservation and thereafter submit to Council such likely grounds for Council approval.

14.9 Unless otherwise stated in this Rule

“Conference” includes workshop and seminar.

“Working days” means Monday to Friday and excludes Public holidays.

RULE 15

Publication by a Judicial Officer while in Service

15.1 A Judicial Officer while in service shall not publish any book or cause another person, group of persons, publishing house, whosoever, acting on his behalf to publish any book until he ceases to be a Judicial Officer where such publication may infringe in any manner the Code of Conduct for Judicial Officers.

15.2 Where a Judicial Officer while in service publishes any book or causes another person, group of persons, publishing house, whosoever, acting on his behalf to publish any book, he shall ensure that such publication is not used or prohibit such publication from being used, in any manner or form as a means of raising funds, beyond the normal cover or market price of such publication; or, as donation or gift to him or to anyone on his behalf; or, to any cause related to or connected with him.

15.3 For the purpose of this Rule, “Book” may include, but not limited to, Biographies, Essays, Collection of Judgments, Textbooks, Journals, Articles and any publication which may attract financial benefits or otherwise to the Judicial Officer or author, if such author is different from the Judicial Officer.

THESE RULES SHALL BE CITED AS THE CODE OF CONDUCT FOR JUDICIAL OFFICERS OF THE FEDERAL REPUBLIC OF NIGERIA AND SHALL COME INTO FORCE ON THE 24TH DAY OF FEBRUARY, 2016.

Culled from:  https://njc.gov.ng

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