Tuesday, 17 October 2017
ORDER OF REASSIGNMENT DE NO VO
JUDGMENT AND ORDER - ORDER OF RE-ASSISGNMENT/DE NOVO: The procedure employed where a judge or a magistrate is disqualified from hearing a matter "Where a Judge or Magistrate handling a trial is disqualified, for one reason or another, from continuing with the hearing of the matter, the normal procedure is that the case file is sent back to the Chief Judge for reassignment to another Judge or Magistrate who will commence the trial of the matter de novo - Estisione H. Nigeria Ltd Vs Osun State Government (2012) AELR 4580 (CA). It is not permissible for a Judge or Magistrate to take over a part heard matter and to continue the hearing from where the last Judge or Magistrate stopped; he ought to start the case de novo. This is because judgment of a court must be based upon sound and credible evidence heard by the particular Judge or Magistrate who writes it, otherwise it will not be no more than a moot trial - Agbeotu Vs Brisibe(2005) 10 NWLR (Pt 932) 1
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