Constitutional Law Cases on Natural Justice Exceptions To Nemo Judex In Causa Sua Rule

Akufo-Addo and Others v. Quarshie Idun and Others

Court: Court of Appeal

Year: 1968

Principle(s): Where a statute clearly enjoins a person to perform an act, he has to do it even if its performance is incompatible with the strict rules of natural justice… We are of the opinion that where the clear terms of a statute conflict with natural justice it is the latter which has to yield.

Bilson v. Apaloo

Court: Supreme Court

Year: 1980

Principle(s): Meaning of nemo judex in causa sua; The doctrine of necessity as an exception to the nemo judex rule.

Tsikata v. Chief Justice and Attorney-General

Court: Supreme Court

Year: 2001-2002

Principle(s): When an individual is entrusted with a constitutional or statutory obligation, an allegation of bias will not obstruct the fulfillment of that duty.

Agyei Twum v. Attorney-General and Akwetey

Court: Supreme Court

Year: 2005-2006

Principle(s): 1. The performance of a statutory or constitutional duty cannot be prevented by the operation of the principles of natural justice. 2. When the Chief Justice empanels a bench, he acts as an administrator and not as a judge. Accordingly, a principle of natural justice tailored to the requirements of proceedings cannot be relevant to that exercise