MICHAEL IMUODU & ORS. VS THE QUEEN
September 10, 2025DAVID NWONICHA CHIEKWE VS DAVID OBIORA & 4ORS.
September 10, 2025Legalpedia Citation: (2022-02) Legalpedia 28635 (CA)
In the Court of Appeal
HOLDEN AT LAGOS
Mon Dec 19, 1960
Suit Number: SC 101/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
HUBBARD, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
J. B. OGEDENGBE
RESPONDENTS
AREA(S) OF LAW
ASSAULT- CRIMINAL LAW AND PROCEDURE- BIAS-EVIDENCE-COURT.
SUMMARY OF FACTS
The appellant was convicted for assault by a magistrate who condemned the appellant and the police in strong terms.
HELD
The court held that the decision of the magistrate was supported by the evidence before it and that the use of language did not occasion miscarriage of justice.
ISSUES
Whether the conviction of the appellant is justified in view of the evidence before the court and whether the magistrate was biased against the appellant.
RATIONES DECIDENDI
WHEN A JUDGE WILL BE DEEMED TO BE BIASED
‘Whilst deprecating the tone and language used before passing sentence, we do not think that they reveal any bias or unfairness in the conduct of the trial or in the consideration of the evidence before conviction.’ Per Bairamian F.J
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
