Lecture on Natural Justice: Nemo Judex in Causa Sua
Introduction
Topic: Discussion on principles of natural justice with emphasis on "Nemo Judex in Causa Sua" (a judge must not preside over their own case).
Objective: Understand the principle through the lens of Ghanaian legal context, specifically the Attorney General v. Professor Salah case.
Structure:
Explain "Nemo Judex in Causa Sua."
Discuss material facts and application in Attorney General v. Salah.
Examine exceptions to the principle in Ghana.
Conclusion.
Principle of Nemo Judex in Causa Sua
Definition: A decision-maker should not have relational, pecuniary, or financial interest in the dispute.
Relational Interest: If the decision-maker is related to a party in the dispute.
Pecuniary/Financial Interest: If the decision-maker has a monetary stake in the dispute's outcome.
Legal Requirement: Judges with such interests must recuse themselves.
Objective Test: Bias must be proven as a real likelihood, not just a suspicion (Kwame v. Queen).
Application in Ghanaian Context
Attorney General v. Salah Case:
Allegations of relational interest between judges and parties involved.
Court Decision: Mere suspicion of bias isn't enough; a real likelihood must be proven.
Real Likelihood Test: Objective assessment—whether a reasonable observer would perceive bias.
Burden of Proof: Lies with the party alleging bias.
Exceptions to the Principle
Statutory Duty:
Example: Chief Justice's power to empanel judges cannot be overridden by bias allegations (Chikata v. Chief Justice).
Constitutional Duty: Statutory obligations must be fulfilled even if they conflict with natural justice (Akuffo-Addo v. Quarshie-Idun).
Necessity:
Situation: When applying the principle results in a failure of justice due to insufficient judges.
Example: Wilson v. Palmer—Judges with alleged bias allowed to sit due to lack of alternatives.
Acquiescence:
Principle: If a party is aware of bias and doesn’t object timely, they waive their right to later claim bias.
Conclusion
Summary: The essay explored the principle of "Nemo Judex in Causa Sua," its application in Ghana, particularly in the Attorney General v. Salah case, and outlined exceptions to its application.
Key Takeaways:
Understanding the burden of proof in bias allegations.
Recognizing situations where exceptions to the principle apply.
Final Notes
Ensuring a structured answer helps in aligning with the question's demands and providing a clear, comprehensive response.
The importance of supporting statements with relevant legal authorities was emphasized throughout the lecture.