THE DOCTRINE OF “NEMO JUDEX IN CAUSA SUA."
"Nemo Judex In Causa Sua” is a latin maxim which literally means " a man cannot be a judge in his own case”. It is a fundamental principle of natural justice which emphasizes the need for impartiality in decision making, particularly within judicial and administrative processes.
This principle makes sure that individuals with personal interest in the outcome of a case do not make a judgement or influence it, in any way, shape or form.
For example, In the district court where ‘A’ is being charged with murder, ‘B’ is a judge and the father of the murder victim. It is important to remember that because ‘B’s son is in this case and personal prejudice is certain to intrude, he is ineligible to judge this case.
Furthermore, in Alakija v Medical Practitioners Disciplinary Committee (1959) 4 F.S.C. 38, the plaintiff whose name was ordered by the defendant to be removed from the Medical Register for misconduct for a period of two (2) years had his name restored by the Supreme Court because the Registrar of the Medical and Dental Council, who was the prosecutor (accuser), took part in all the trial proceedings of the Committee which found the appellant liable. The Registrar was thus a prosecutor and judge in his own case.
Share your comments!