ARCHITECTS REG. COUNCIL OF NIG. V. FASSASSI (No. 1)

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744

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NIGERIAN SUPREME COURT CASES

[1987j 2 N.S.C.C.

ARCHITECTS REG. COUNCIL OF NIG. V.

FASSASSI (NO.1)

ARCHITECTS REGISTRATION

COUNCIL OF NIGERIA

In re: O.C. MAJOROH

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APPELLANT

V

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PROFESSOR M.A. FASSASSI

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RESPONDENT

SUIT NO. SC193/1986

(CASE NO. 1)

SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

ANIAGOLU,

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J.S.C.

KAZEEM,

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J.S.C.

OPUTA,

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J.S.C.

BELGORE,

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J.S.C.

26th May, 1987

Administration of Justice - Interest of justice Court has right to ask questions

directly from parties, that would assist it in resolving an issue in interest of

justice - To charge a court with bias is a very serious thing and to ask for

its assurance is more serious.

ISSUE:

1. Whether the Supreme Court's action in ordering the appearance of a party to

an appeal in the absence of that party's counsel so as to ask questions directly

from that party without the party's counsel can be said to amount to bias so as

to disqualify the Panel that made the said order.

FACTS:

When the appeal came up before the Supreme Court for hearing, counsel for

the respondent applied for accelerated hearing. Counsel for the appellant did not

object. The Supreme Court before granting the application, upon certain obser-

vations made

suo motu,

ordered the attendance of all parties including the Regis-

trar of the Architects' Council. The following day, counsel for the appellant brought

an application before the court that the court as constituted should not hear the ap-

peal on grounds that the panel of Supreme Court judges had already taken its

stand against the appellant as a result of the court's order of the previous day which

ordered the appearance of the Registrar. Counsel complained that the order

amounted to going above his head as counsel to contact his client.

HELD:

1.

The complaint of learned counsel amounts to a charge of bias against the

Supreme Court in an appeal pending before it as a result of its order.

2.

The Supreme Court has every right to ask questions that would help it to resolve

an issue in the interest of justice. There is no doubt about the open-mindedness

of the Supreme Court.

3.

The application for the panel to disqualify itself from hearing the appeal on the

ground of bias is refused.

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