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Record W6892489307 · doi:10.5281/zenodo.10003533

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

2023· article· en· W6892489307 on OpenAlexaboutno aff

Bibliographic record

VenueZenodo (CERN European Organization for Nuclear Research) · 2023
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Issues in South Africa
Canadian institutionsnot available
Fundersnot available
KeywordsImpartialityEconomic JusticePoliticsStatuteLanguage changeDoctrineJudicial opinionSkepticismPublic interest

Abstract

fetched live from OpenAlex

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.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.006
metaresearch head score (Gemma)0.010
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.006
Threshold uncertainty score0.031

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0060.010
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0050.015
Scholarly communication0.0060.004
Open science0.0010.003
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.058
GPT teacher head0.327
Teacher spread0.269 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designObservational
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2023
Admission routes1
Has abstractyes

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