"Allegation of bias and unfairness against a judicial officer is one that carries heavy weight and anyone alleging such must have clear and firm proof of such allegation. It is a serious issue that goes to the core of adjudication. From the records available, through the method of oral application adopted, the Appellant has failed to lead clear and cogent evidence as to how it arrived at his conclusion of bias and unfairness by the lower Court. Because of the seriousness of this kind of allegation, it is not enough to write to the Chief Judge via an administrative process, the Appellant ought to have taken a step further and filed an application supported with affidavit evidence stating out clearly the reasons and instances of bias exhibited by the Court. The oral submission of the Appellant's counsel cannot take the place of evidence. See the case of OYERINDE v ACCESS BANK PLC (2014) LPELR - 23461 CA where it was held that: "The law is settled that counsel's submission howsoever brilliant or eloquent cannot substitute, replace, supplant or take the place of any required evidence." It is the concrete facts as laid down by the Appellants counsel that will be a guide to determine if truly the lower Court was indeed biased and needed to have recuse himself. See the cases of ESTISIONE H. NIG. LTD & ANOR v OSUN STATE GOVT. & ANOR (2012) LPELR - 7938 CA; OJENGBEDE v ESAN & ANOR (2001) 18 NWLR (PT 746) 771 on how to determine whether an allegation of bias has been successfully made out against a trial Court. In view of the above, I agree with my learned brother that the Appellant can still file a proper written application before the lower Court together with a supporting affidavit on the same issue."

Per OBASEKI-ADEJUMO, J.C.A. in ECOBANK NIGERIA LIMITED v. ANCHORAGE LEISURES LIMITED & ORS (2018) LPELR-44667(CA)