{UAH} CONFLICT OF INTEREST BY JUDICIAL OFFICERS WHEN HANDLING JUDICIAL MATTERS
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CONFLICT OF INTEREST BY JUDICIAL OFFICERS WHEN HANDLING JUDICIAL MATTERS
Kadodo is a business partner with a certain judge in town. They decided to buy land for investment from Mr. Waaka and made a down payment. As they were almost completing payment of the full sum, they learnt that Waaka had gone behind their backs and resold the land to another person offering a higher price. Kadodo and the judge were frustrated and decided to take him to court. Kadodo felt fortunate enough to have a judicial officer for a business partner in whose court the case was filed.
CAN A JUDICIAL OFFICER HANDLE THIS MATTER:
No, the judicial officer cannot handle this matter since he has was one of the parties buying Mr. Waaka's land.
DOES THIS JUDICIAL OFFICER HAVE A CONFLICT OF INTEREST:
Yes, this judicial officer has conflict of interest. Conflict of interest may be defined as a situation in which a person or even organisation is in a position of influence or authority in which they are able to gain benefit from decisions they make in their official capacity.
Since the judicial officer handling the case happens to also be Kadodo's business partner with whom he was buying Mr. Waaka, with the same case presented in front of him, the judicial officer cannot handle Waaka's case since he has interest in it. It doesn't matter whether he will be impartial or not. For as long as there is conflict of interest, the judicial officer has to recuse himself from the case. By recusing himself, the judicial officer would hand the case over to another judicial officer due to the possibility of not treating this case fairly without putting his own benefit or emotions above the case.
CAN THE CASE BE FILED UNDER HIS COURT:
Yes, the case may be filed under his court if the court has jurisdiction to handle the matter, but the judicial officer handling the case has to be one without conflict of interest. You cannot be a judge in your own case.
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-- Kadodo is a business partner with a certain judge in town. They decided to buy land for investment from Mr. Waaka and made a down payment. As they were almost completing payment of the full sum, they learnt that Waaka had gone behind their backs and resold the land to another person offering a higher price. Kadodo and the judge were frustrated and decided to take him to court. Kadodo felt fortunate enough to have a judicial officer for a business partner in whose court the case was filed.
CAN A JUDICIAL OFFICER HANDLE THIS MATTER:
No, the judicial officer cannot handle this matter since he has was one of the parties buying Mr. Waaka's land.
DOES THIS JUDICIAL OFFICER HAVE A CONFLICT OF INTEREST:
Yes, this judicial officer has conflict of interest. Conflict of interest may be defined as a situation in which a person or even organisation is in a position of influence or authority in which they are able to gain benefit from decisions they make in their official capacity.
Since the judicial officer handling the case happens to also be Kadodo's business partner with whom he was buying Mr. Waaka, with the same case presented in front of him, the judicial officer cannot handle Waaka's case since he has interest in it. It doesn't matter whether he will be impartial or not. For as long as there is conflict of interest, the judicial officer has to recuse himself from the case. By recusing himself, the judicial officer would hand the case over to another judicial officer due to the possibility of not treating this case fairly without putting his own benefit or emotions above the case.
CAN THE CASE BE FILED UNDER HIS COURT:
Yes, the case may be filed under his court if the court has jurisdiction to handle the matter, but the judicial officer handling the case has to be one without conflict of interest. You cannot be a judge in your own case.
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