Lecture Notes on Natural Justice: The Rule Against Bias

Introduction

• Natural Justice: Lecture focuses on the rule of natural justice known as "nemo judex in causa sua."
• Nemo Judex in Causa Sua: Also known as the rule against bias, it states that a judge must not be a judge in their own cause.
• Judges must be impartial and free from bias, including financial, relational, or proprietary interests.

Rule Against Bias

• If a judge has any interest in the outcome of a matter, they must recuse themselves.
• A decision made with a biased judge is considered null and void.

Types of Bias

1. Pecuniary or Financial Interest:

   • Any financial interest, however small, disqualifies a judge.
   • Case: Dimes v. Grand Junction Canal (1852): Lord Cottenham's shares in a company led to decision nullification.
   • Other cases: From United Brewers Co. v. Bath Justices (1926), Attorney General v. Salla (Ghana).

2. Predetermined Issues:

   • Judges must approach cases with an open mind and not predetermine issues.
   • Case: Republic v. High Court, Ex Parte Aggrey

3. Appeals:

   • Judges should not sit on appeals of their own decisions.
   • Case: Quist v. Kwanteng (1961)

4. Full Knowledge of Facts:

   • Judges with prior knowledge of the facts must not adjudicate.
   • Case: Kwainor (1959)

Test for Bias

• Real Likelihood of Bias: Must establish more than mere suspicion.
• Burden of proof lies on the party alleging bias.
• Cases: Republic v. Constitutional Committee Chairman, Ex Parte Barimah (1968), Attorney General v. Salla

Exceptions to the Rule

1. Statutory Duty:

   • When a judge has a statutory duty, they may perform it despite potential bias.
   • Cases: Akuffo-Addo v. Quashie-Idun (1968), Chachu v. Attorney General (2001), Jetty v. Attorney General (2005)

2. Doctrine of Necessity:

   • If no unbiased tribunal is available, biased judges may proceed.
   • Case: Bilson v. Apalu (1981)

3. Acquiescence or Waiver:

   • If a party is aware of bias and does not object, they waive their right to contest later.

Conclusion

• Discussed the importance and application of nemo judex in causa sua within the Ghanaian legal context.
• Highlighted the exceptions where bias might not disqualify a judge.
• Emphasized the need for impartiality to maintain justice and public confidence in the judiciary.