A CRITIQUE OF THE APPLICATION OF THE PRINCIPLES OF NATURAL JUSTICE IN DISCIPLINARY ACTION IN NIGERIAN UNIVERSITIES

CHAPTER ONE

GENERAL INTRODUCTION

            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 statute reach a conclusion that is fair, just and 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 and the 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 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- judicial functions.³ The guiding principle is that as long as an individual‟s right and obligation stand to be affected by decision, action or inaction of any authority or tribunal, the action of such authority or tribunal is amenable to judicial scrutiny to see that the authority or tribunal observe  the principles of natural justice. Universities world over are vested with the power to instil, inculcate discipline and good moral in their students. This power usually stems from statutory provisions, which are normally contained in the enabling laws of the institutions. Nigerian Universities (particularly the Federal Universities) have theirs contained in the Acts establishing them. The various Acts, which are similar in content, give the Universities the authority to set up disciplinary panels and to determine their procedures with a view to ensuring that such conform to the dictate of fair hearing and right reasoning.