CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Study

Disciplinary action of whatever nature must be carried out according to the dictate of law. This is

one of the pillars of the rule of law. Statutes always provide procedures to be followed before a

person is disciplined. These procedural requirements are provided in the statutes to enable the

authority exercising the power under such statutereach a conclusion that is fair, justand reasonable.

Where these procedures are ignored, irrespective of the fairness of the power exercised, the court

will hold that the law has not been obeyed andthe power exercised, is a nullity.1

One of the legal requirements for a valid exercise of disciplinary action is the observation of

natural justice principles. The doctrine of Natural justice has, over the years, crystalized into two

maxims: Audi alteram partem meaning that nobody should be condemned unheard. Nemo judex in

causa sua which means that a man should not be a judge in his own cause. The most frequent

cause of judicial interference with the exercise of administrative powers is a disregard of these

principles of natural justice. Many of the cases of disciplinary actions in Nigerian Universities

were often reviewed against the Universities by the courts, consequently nullified as a result of

their failure to recognise and observe the principles of natural justice.

Natural justice, apart from being the “law of GOD”2, has alsofound expression in the Constitution

of the Federal Republic of Nigeria (1999 Constitution).Section 36 (1) provides:

In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled

1Board of Inland Revenue vs Joseph Rezcallah and Sons Ltd. (1961) W.N.L.R. 32, see also the dictum of Oputa JSC at page 618 in the case of Garba & Ors. vs University of Maiduguri & Ors. (1986) 1 NWLR (Pt.18) 550

2R vs Cambridge University(Dr Bentley's Case)(1723) 1 Stra. 557 where Fortescue, J said: “The laws of God and man both give the party an opportunity to make his defence. If he has any. I remember to have heard it observed by a very learned man upon such occasion, that even God himself did not pass sentence upon Adam, (say God) where art thou? Hast thou eaten of the tree, whereof I commanded thee that thou should not eat? And the same question was put to Eve too.‟‟

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to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

The effect of this provision is that, even where there is no statutory provision allowing a person,

who is under „trial‟ to be heard in an institution‟s law, such person must nonetheless, be given the

opportunity to present his case and be heard in accordance with the provision of the Constitution. It

has long been established that administrative authorities/tribunals are bound to observe the

principle of natural justice and right to fair hearing in the discharge of their judicial and quasi-