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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.
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.4
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The University is a meeting point for various
academic competitions and pursuits, a very large body of students from
different backgrounds and cultures converge there to pursue their individual
intellectual interests.Essentially, the University‟s students must be subject
to its disciplinary powers so as to ensure an orderly academic community where
the University‟s objectives could be achieved.
TOPIC: CRITIQUES OF THE APPLICATION OF THE PRINCIPLES OF NATURAL JUSTICE IN DISCIPLINARY ACTION IN NIGERIAN UNIVERSITIES
Chapters: 1 - 5
Delivery: Email
Delivery: Email
Number of Pages: 70
Price: 3000 NGN
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