Just Decided Cases

FRED EGBE VS JUSTICE A. ADEFARASIN & ANOR

Legalpedia Citation: (1985) Legalpedia (SC) 81354

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu May 2, 1985

Suit Number: SC.77/1984

CORAM


IRIKEFE

U. MOHAMMED, JUSTICE SUPREME COURT

MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

KARIBI-WHYTE

KAWU


PARTIES


FRED EGBE APPELLANTS


JUSTICE A. ADEFARASINS.O. ILORI RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

SUMMARY OF FACTS
The claim is essentially a challenge as to the validity of the act of the Judge, and a public officer in the discharge of their duties as a Judge or such officer.


HELD


APPEAL DISMISSED


ISSUES


Whether the action against the defendants in the circumstances is maintainable in Law


RATIONES DECIDENDI


UNBIASED ADMINISTRATION OF JUSTICE


“The principle at law, of exemption from being sued for matters done by Judges in their judicial capacity, is of great importance. It is necessary to the free and impartial administration of justice that the person administering it should be uninfluenced by fear and unbiased by hope. Judges have not been invested with this privilege for their own protection merely; it is calculated for the benefit of the people, by ensuring to them a calm, steady and impartial administration of justice; it is a principle coeval with the law of the land, and the dispensation of justice in this country; and is founded on the very frame of the Constitution; it is to be met within the earliest books of law” FOX J,


CASES CITED


Taaffee v. Downes


STATUTES REFERRED TO


Not Available.|


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Esther ORIAH

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