When Exception Becomes the Only Way to Serve Justice: An Appraisal of the Exceptions to Nemo Judex in Causa Sua in Judicial, Quasi-Judicial and Administrative Proceedings

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• June 20, 2024
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Nestor-Ezeme, C. C.^a, Onah, H. C.^b & Nwodo, A. J.^c
aEnugu State Ministry of Justice, Enugu – Nigeria
^bcDepartment of Legal Studies, Institute of Management and Technology (IMT), Enugu

Abstract Natural justice is founded on two main principles: Nemo judex in causa sua (no one should be a judge in their own cause) and Audi alteram partem (no one should be condemned unheard). These principles, often referred to as canons, are essential for evaluating the propriety of judicial, quasi-judicial, and administrative actions. Although not constitutionally enshrined, these principles have evolved with human civilization to ensure fairness, reasonableness, equity, and equality. Nemo judex in causa sua underscores the necessity for impartiality in decision-making, asserting that any authority issuing a judgment must be unbiased to maintain the rule of law. Historically, even ancient civilizations like the Greeks recognized the importance of hearing all parties before making a judgment. The principle has exceptions, notably illustrated by the biblical account of God’s judgment on Adam and Eve. Modern courts have also established exceptions, acknowledging that bias can be subjective and multifaceted. Lord Hewart, in R v Sussex Justices Exparte McCarthy, emphasized that justice must not only be done but must also be visibly done. Bias is defined as any mental condition preventing impartiality, encompassing predispositions or preconceived opinions that hinder fair evaluation. Justice Frank, in Re Linahan, noted that complete absence of preconceptions in a judge’s mind is impossible, as inherent biases exist from infancy and through education. Initially, natural justice principles were confined to judicial proceedings. However, landmark cases such as Ridge vs. Baldwin (1963) and State of Orissa v Binapani (1967) extended these principles to administrative actions, recognizing that administrative orders affecting civil rights must also adhere to natural justice. Despite its importance, the rule against bias is subject to numerous exceptions, which will be examined in the context of judicial, quasi-judicial, and administrative proceedings. These exceptions highlight the complexity and nuanced application of the principle in various legal contexts. Keywords Nemo Judex in Causa Sua; Natural Law; Quasi-Judicial Proceedings; Audi Alterem Partem; Doctrine of Necessity Citation Nestor-Ezeme, C. C., Onah, H. C. & Nwodo, A. J. (2024). When Exception Becomes the Only Way to Serve Justice: An Appraisal of the Exceptions to Nemo Judex in Causa Sua in Judicial, Quasi-Judicial and Administrative Proceedings. African Journal of Current Research, 5(2), 15-27 https://doi.org/10.5281/zenodo.12185234