The Concept of Automatic Disqualification or Mandatory Recusal by Judges with Interest in Matters Before them: The Unsettling and Its Impact on Judicial Corruption in Nigeria

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The Concept of Automatic Disqualification or Mandatory Recusal by Judges with Interest in Matters Before them: The Unsettling and Its Impact on Judicial Corruption in Nigeria

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  • October 14, 2023
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Nwodo, Amechi Joseph, PhD1* & Onah, Hyginus Chinweuba PhD2
12Department of Legal Studies, Institute of Management and Technology, IMT, Enugu

ABSTRACT

This treatise critically examines the Concept of Mandatory Recusal by Judges with Interest in Matters before them and its Impact on Judicial Corruption in Nigeria. Lord Chief Justice Hobart’s statement in Day v Savadge emphasized that statutes against natural equity, such as making a man judge in his own case, are inherently void. The theory of automatic disqualification, originating from Dimes v Grand Junction Canal, has become a tool for judges in Nigeria to manipulate justice and sideline political opponents. The unsettling trend of automatic disqualification based on bias is becoming prevalent, raising concerns about judicial integrity. Recent statements and actions by public officials, including Senator Adamu Bulkachuwa, suggest that the judiciary is influenced by political interests. The Nigerian Bar Association condemned Senator Bulkachuwa’s admissions but no action has been taken, leaving the public skeptical about the judiciary’s impartiality. This study argues for a strict and universally accepted application of the recusal doctrine to strengthen jurisprudence. Judges with any potential bias should recuse themselves to ensure justice is not only done but also seen to be done. While some legal scholars argue for practical reasons to abolish automatic disqualification, the need for judicial impartiality remains paramount. The Canadian Judicial Council emphasizes that judges, despite their experiences and opinions, must have an open mind and be free to consider different viewpoints. The work cites cases like R v Bow Street Magistrate; Ex parte Pinochet (No 2) to support the concept of automatic disqualification. It concludes that to combat corruption in the judiciary and restore public confidence, there must be collective agreement on the necessity of automatic disqualification for any interests, regardless of their magnitude. Upholding the principle of recusal is essential, as when a case is on trial, the judge’s integrity is also at stake.

Keywords: Nemo Judex in Causa Sua; Natural Justice; Recusal; Automatic Disqualification; Judicial Corruption

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Citation: Nwodo, H. J. & Onah, H. C. (2023). The Concept of Automatic Disqualification or Mandatory Recusal by Judges with Interest in Matters Before them: The Unsettling and Its Impact on Judicial Corruption in Nigeria. European Review of Law and Legal Issues, 7(1), 1-12. https://doi.org/10.5281/zenodo.10003533

Copyright: ©2023 Authors. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

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