23/09/2026
CAN A JUDGE DECIDE A CASE BASED ON WHAT HE PERSONALLY KNOWS ABOUT THE CASE?
Imagine that Two (2) people are fighting over a piece of land.
During the trial, the judge says:
“I know this land. I know the history of this property. I know who owns it.”
He's not allowed to do that.
A judge is expected to determine a case from the evidence properly placed before the court, not from undisclosed personal knowledge of disputed facts.
A judge is not a witness. If a judge relies on private or personal knowledge of facts not in evidence, the parties have no opportunity to either: Cross-examine the source of that "fact", or Object to its admissibility, or present rebuttal evidence.
That would violate due process, a party's right to be heard and to meet the evidence against them.
The Court in HON. MINISTER, FCT V. HASSAN & ORS (2020); Adeleke v. Iyanda (2001) 13 NWLR (Pt. 729) 1. held that a trial judge must not impair the evidence with his personal knowledge of matters not placed and canvassed before him. The decision must be based on what is in issue, what the parties have established by evidence, and the applicable law.
However, the law permits a court, in appropriate circumstances, to take judicial notice of certain facts.
Also, Section 124 of the Evidence Act 2011 deals with information obtained by the court from other sources, subject to safeguards including giving the parties an opportunity to be heard where required.
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