IS IT NOT ABSOLUTELY UNLAWFUL FOR THE NIGERIAN JUDICIARY, THE ENTIRE COURTS AND JUDGES IN NIGERIA WHO ARE A PARTY TO THE CASE TO SIT AS THE ADJUDICATOR AS WELL? A CONTEMPLATION OF A LAW OF LAWS IN THE CASE OF DELE FAROTIMI VS AFE BABALOLA. Written by KEMKA S. IBEJI
It is trite to legal commonsense that no system judges itself. And as the legal dictum states in the Latin phrase "Nemo judex in causa sua" that translates to "no one should be a judge in their own case". It's a fundamental principle of natural justice and constitutionalism that ensures impartiality in legal proceedings. The principle of nemo judex in causa sua originated in Roman law and was crystallized into a phrase by Edward Coke in the 17th century. It is however enshrined and found in legal systems around the world. When the judiciary, including courts, judges, or lawyers, is accused as a party to a case, this creates a significant conflict, not only of interest but, populates the national social and political landscape with legalistic mines and destructive sands of natural law fabrics. Assuming you are a judge and eventually is caught in a crime, irrespective of the enormity, and the case is brought to you to judge yourself, what do you think you will do...