Thinking that Members of the Bench are perfect will be at best misguided and at worst positively misleading. No doubt, we have the excellent fine ones amongst them but yet that’s far from perfection. This point was hammered home Per Aniagolu,J.S.C in BAKARE v. APENA(1986) 4 NWLR (Pt 33)6 “Perfection is a laudable aspiration.But for a trial Judge,it is not necessarily a virtue. For one thing, strive as you can, you may never attain perfection. No judge however brilliant, however hardworking can claim an immunity from error. “ Niki Tobi, J.S.C once opined that the difference between the bench and the bar is like heaven and earth. No doubt, this belief has contributed in widening the gap between the Bench and Bar. This means that the only way a Judge can realize the mistakes in his ruling or judgment is when such ruling or judgment is appealed against &maybe upturned. We are admonished not to make the mistake of thinking that our JUDGES are earthly beings. They live in Heaven. The Supreme Court, through RHODES-VIVOUR, J.S.C answered this Solemn question on where our judges descend from. Hear His Lordship in SENATOR JULIUS ALIUCHA & ANOR V. CHIEF MARTIN NWANSCHO ELECHI & ORS (2012) LPELR-7823(SC) that: “A judge is to descend from his heavenly abode, no lower than the treetops, resolve earthly disputes and return to the Supreme Lord”. But in reality, Judges are imperfect beings with too much loads of work on their table begging to be dicharged/resolved. His Lordship, Per Achike,J.C.A drew the bar closer to this reality when he made an attempt to correct this impression in CHUKWUJEKWU v. OLALERE (1992)2 NWLR (Pt.221)89 @ 96-97 thus: Very often Learned Counsel regards Judges on the bench as the Pedestal of angels who must be presumed to be infallible. That of course, is not only sacrilegious but untenable. The Judge on the bench is not imbued with infallibility. It is common knowledge that although judges on the bench may be upright and their character impeccable, their competency in adjudicatory process cannot be rationalised in terms of their uprightness and impeccability. Little wonder that grounds of appeal in our various courts exercising appellate jurisdiction are replete with the professional jargon that the Learned trial judge “erred in law.” Judicial activism is a virtue amongst them which requires that a court should not hesitate to take advantage of a situation which gives room for the killing of the proverbial two birds with the proverbial stone in order to eliminate delay in the pursuit to Justice. See Bolatito v. Sole Administrator(1986)5 NWLR (Pt.41)499. In order to ensure the administration of fair trial and natural justice, there’s a large boundary between the Bench and the Bar.No doubt,the Bar would have helped the Bench with quick research and cross-pollunation if there was no boundary. They are humans,too and in practice, industrious cum smart Lawyers always win the case no matter how bad it might be. I have noticed with keen interest that if you back your applications and submissions with statutes, rules of court and Superior Courts judgments, they are bound to grant them and bow to your prayers nomatter how unrealistic it might be. And when a Legal Practitioner makes a realistic fine application but fails to support his process with the appropriate law empowering him to make such beautiful application, it will no doubt be refused once it is vehemently opposed. This has also be defined recently by the Supreme Court as an Abuse of court process. See BUKOYE v. ADEYEMO (2017)1 NWLR (Pt.1546)173@181-182, Ratio 8, par.e where the supreme court enumerated the circumstances that would give rise to abuse of court process as thus: Where there is no law supporting a court process/application.” Furthermore, Per ADEKEYE J.S.C in OYEGUN V NZERIBE (2010)7 NWLR (Pt.1194)577@593, par.G held that Any party seeking the exercise of the discretionary power of court must bring his case within the provisions Of the rules which he purported to make his application. “ The proper combative approach to your cases is to always give the Bench laws/back up your submission with proper legal background because most of them are either very busy, indisposed to research or are unprepared for the job like the biblical ten virgins which took their lamps and went forth to meet the bridegroom, some went with sufficient oil while others went unprepared (Matthew 25:1). At this juncture, I will not hesitate to state without fear of favour that complacency in the Bench & Bar must be discouraged and the Bench must be abreast with times,events & new development as this will empower them to improve law like science because ” the ignorance of the judge is the misfortune of the innocent, ” as rightly expressed in the Latin maxim,”Ignorantia judicis eat calamitas innocentis.” Let the Bench’s lions of wisdom be girded about, and their lights of fairness burn with diligence. Needless to say that those who lack the skills & passion for research will just copy and paste in their ruling/judgment and the whole court will be left with no option but to echo as the court pleases. This epitomizes the fact that the Judge is the Dominus Litis (Lord of His Proceedings). Every Lawyer in active practice has a mandatory obligation as a Minister in the Temple of Justice to guide the court appropriately in reaching sound decision which will do substantial justice to every matter before them as the court is not a technicians Workshop. Moreso, Lawyers as Ministers in the Temple of Justice owe it a duty to make proper applications/prayers and back up their cases with proper facts and documents as the Judges are neither Magicians nor Father Christmas to know or discover facts not before them. Very importantly, the Court can only take judicial notice of documents or facts placed before him.See Section 122(4) of the Evidence Act,2011. Little wonder,His Lordship NIKI TOBI,J.C.A(as he then was) poured out wisdom when he said in AJIKAWO v. ANSALDO (NIG)LTD (1991)2 NWLR (Pt.174)364@374 that: “First,it is not the judicial function of a Judge to embark on an unguarded voyage of discovery for facts which are not placed before him. A trial Judge is not Vasco Dagama. A trial Judge is not Christopher Columbus. Coming nearer home,a trial Judge is not Mungo Park. A trial Judge is a person whose duty is to inquire only to the facts placed before him in the court.He is forbidden by our laws to go outside the facts in court to search for more facts with a view to discovering newer pastures ie the greener pasture.He cannot do such a thing.” Also, Kayode ESO,J.S.C rightly said in SADIPO v LEMMINKAINEM OY(1986)1 NWLR (Pt.15)220@224 that a Judge is not the Grand Inquisitor envisaged by Dostoevsky in his Brothers Karamazou. A Judge is not a go-getter or free for all fighter. One of the tools of leverage that can assist the Bench and Bar achieve this goal is the effective use of technology through Online Law related search engines, softwares & digitalized research facilities. No doubt, one of the advantages of technology is that it has drawn us closer to the river of substantial justice although cannot force us to drink from it. Technology has limited the dishonourable act of misleading the court through wrong authorities as they can easily access cases online and follow suit during case presentation/submission. This act of misleading the Bench has been discouraged Per *Ogbuagu,J.S.C in DREXEL ENERGY & ORS v. TRANS INTERNATIONAL BANK LTD & ORS (2009) All FWLR (Pt.456)1823 @1853;(2009)15 WRN 1@48 where the court re-echoed the need for all Counsel to ensure that the cases or authorities they cite and rely on in their briefs are correct and not misleading. No doubt, many Members of the Bench are still struggling to accept the realities of technology as they hardly use internet nor computer. We( Online Law Reports of Nigeria )make bold to recommend the appointment of Research Assistants in the judiciary who will assist our Judges & Magistrates with research work especially with regards to the current position of the law.(Although, this strategy has been adopted by some jurisdictions) We also recommend regular compulsory computer training for Magistrates and Judges and use of law softwares by them. This humble suggestion by the Team of Online Law Reports of Nigeria will no doubt bring the Bench closer to perfection and will make litigants and even lawyers smile out of court with the satisfaction that justice has not only be done but has been seen to be done. In conclusion, It is either you change with time or time will change with you. Embracing new technology, emerging ideas cum innovations and being up-to-date with the law will no doubt make the Bench to break new grounds with ease and beyond their imagination. I rest my juristic ink! Written by: Daniel C. Oti,Esq ( 07061122878).]]>

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