THE DOCTRINE OF ADMINISTRATIVE ADJUDICATION

ABSTRACT

Globally in all jurisdictions, the courts of law are recognized as bodies vested with the authority of interpreting the law and applying the law to disputes between various parties. The primary and near exclusive duty of adjudication is mostly associated with the courts of law usually saddled with the responsibility of adjudicating on disputes between parties. However, the growth of modern day government has necessitated the empowering of various administrative agencies and tribunals outside of the law courts with the exercise of powers which are judicial or quasi-judicial nature. These bodies dispense justice though they are most often majorly constituted of persons who have no legal training or background though expected to be knowledgeable in they are over which it was established. Administrative adjudication is the process by which an administrative agency issues an order, such order being affirmative, negative, injunctive or declaratory in form. Most formal proceedings before an administrative agency follow the process of either rule making or adjudication. Rule making formulates policy by setting rules for the future conduct of persons governed by that agency. Adjudication applies the agency’s policy to the past actions of a particular party, and it results in an order for or against that party. It is a dispute resolution aspect of administrative action. It is pertinent to note that adjudication being the major function of the judicial arm, under the scope of this topic is being the major function of the judicial arm, under the  scope of this topic is being carried out by bodies other than the court due to delay of court processes  during adjudication. Thus, over the years, there has been an evolution of administrative adjudication and, as such it has become expedient for the functioning of modern government. The purpose of writing on this topic is to examine the doctrine of administrative adjudication. Its focus shall be on its importance and development in a legal system with particular reference to Nigeria at large. The control of administrative adjudication shall also be expounded in the course of writing.