Importance Of Judicial Immunity

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(f) Judicial immunity Judicial immunity is a form of legal immunity which protects judges from liability resulting from their judicial actions. Judicial immunity enables judges, counsel and witnesses to speak and act fearlessly and impartially with the public in the interest of justice. The Federal Constitution is silent on the issue of judicial immunity where under the Article 122AB(1), immunities for Judicial Commissioners are protected but there is no explicit protection for other judges.
However, judicial immunity is accorded to the superior and the subordinate civil courts under Section 14(1) CJA and Section 107 of the Subordinate Courts Act 1948 respectively. The immunity from legal action under Section 14 CJA is given to either a judge or any person in the exercise of judicial duty or function and this would necessary include the judges and the deputy registrars of the court in the performance of their judicial function.
Section 14 CJA is to protect the public interest in an independent and impartial justice system instead of the personal interest of a judge. All immunities are a departure from the ideal of equality before the law which enshrined in Article 8. Thus, the basis for judicial immunity should be rooted in the need to protect the public but not the judges. It must always be subjected to rational and critical appraisal. There is absolute immunity in torts for all acts performed in a judicial capacity in pursuant to Section 6(3) of the Government

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