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IN HIGHER INSTITUTION, IF PUNISHMENT TO BE IMPOSED IS SEVERE, THERE MUST BE NATURAL JUSTICE

Dictum

It seems fairly settled now that the exercise of disciplinary powers may import a power to act judicially in accordance with natural justice. In higher educational institutions, if the penalty imposed or liable to be imposed is severe, the disciplinary proceedings have to be in accordance with the principles of natural justice. – Nnamani, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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FAIR HEARING, NATURAL JUSTICE

Fair hearing within the meaning of section 33(1) of the 1979 Constitution means a trial conducted according to all the legal rules formulated to ensure that justice is done to the parties. It requires the observance of the twin pillars of the rules of natural justice namely a udi alteram partem and nemo judex in causa sua.

– Muhammad JCA. Osumah v. EBS (2004)

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NOT ALL FAILURE TO PRONOUNCE ON ALL ISSUES WILL RESULT IN BREACH OF FAIR HEARING

Now while a Court has a duty to pronounce on all the key issues in a matter, it is not every failure of a Court to pronounce on issues that would constitute a breach of fundamental right to fair hearing. See: C.N. OKPALA & SONS LTD v. NB PLC (2017) LPELR-43826(SC); FODE DRILLING (NIG) LTD v. FABBY & ORS (2017) LPELR-42822(CA); and SAIPEM CONTRACTING (NIG) LTD & ORS v. FIRS & ORS (2018) LPELR-45118(CA).

— J.Y. Tukur, JCA. Fani-Kayode v. FRN & Ors. (2019) – CA/L/722C/2018

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ONE MUST BE GIVEN THE CHANCE TO EXCULPATE HIMSELF

It is my considered view that after the Disciplinary Investigation Panel had completed its investigation, each of such students against who disciplinary action was contemplated must be informed of the available evidence against him and in addition given reasonable opportunity of exculpating himself. It is essential that in the exercise, the Vice Chancellor must observe the principles of impartiality and fairness. – Coker, J.S.C. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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FAILURE TO OBSERVE FEAR HEARING VITIATES THE ENTIRE PROCEEDINGS

The law is now well settled that failure of a Court, such as the Court below in the instant appeal, to observe the right to fair hearing of a party in any proceedings before it, vitiates both the proceedings and the resultant decision of the Court whose proceedings is afflicted by the deadly, incurable and highly contagious virus of denial of fair hearing and this is notwithstanding the merit or otherwise of the respective cases of the parties or indeed how meticulous the proceedings were or even how sound the resultant decision is, they are all a nullity. This, in my finding, is the sure but unfortunate fate of the proceedings and ruling of the Court below as it affects the petition filed by the Appellant against the Respondent in this appeal, which ruling was clearly reached in flagrant breach of the Appellant’s right to fair hearing. This is so because in law the principles of fair hearing are not only fundamental to adjudication but they are also constitutional requirements which cannot be legally wished away. It is indeed a fundamental right of universal application. See Agbapuonwu V. Agbapuonwu (1991) 1 NWLR (Pt. 165) 33 @ p. 40. See also Agbogu V. Adiche (Supra) @p. 531; J.O.E. Co. Ltd V. Skye Bank Plc (2009) 6 NWLR (Pt. 1138) @p.518; Robert C. Okafor & Ors V. AG and Commissioner for Justice Anambra State (1991) 6 NWLR (PT.200) 659.

— B.A. Georgewill, JCA. UBA v. Ashimina (2018) – CA/L/1033/2014

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MEANING OF “REASONABLE TIME” IN SECTION 36 OF CONSTITUTION

The operative words for our purpose in this appeal are “reasonable time”, words which in their docile content are vague, and nebulous. A reasonable time is a time justified by reason. Reasonable time in its nebulous content cannot be determined in vacuo but in relation to the fact of each case. This is because what constitutes a reasonable time in one case may riot necessarily constitute a reasonable time in another case. Reasonable time in section 36 presupposes the granting of an adjournment in cases. In dealing with the reasonable time concept in section 36, the court will take into consideration the nature of the case in terms of the magnitude, intricacies, versatilities, complexities and volume of the work involved. In this respect, the court will consider the assemblage of witnesses and documents, if any and the likely or possible time to get all these. Above all, the court will take into consideration the procurement .of exculpatory or inculpatory evidence as the case may be. A reasonable time is also a moderately and practically possible time within which a court or tribunal could complete a trial and pronounce its decision. See Effiom v. State (1995) 1 NWLR (Pt. 373) 507. Reasonable time means the period of time which, in the search for justice, does not wear out the parties and their witnesses and which is required to ensure that justice is not only done but appears to reasonable person to be done. See Ariori v. Elemo (1983) 1 SCNLR 1; Chief Atejioye v. Ayeni (1998) 6 NWLR (Pt. 552) 132.

— Niki Tobi JSC. Pam & Anor. V Mohammed (2008) – SC.238/2007

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NATURAL JUSTICE ENTAILS BEING ALLOWED TO REBUT ALLEGATIONS ALLEGED

However, the requirement that a person should be offered opportunity to defend himself after being charged need not necessarily be in the form of a trial involving oral testimonies i.e. examination-in-chief and cross examination. What is required is to afford him the opportunity to rebut, correct or contradict what is alleged against him. The principle of natural justice is satisfied if the person accused is allowed to correct or rebut what is prejudicial to him in writing.

– Muhammad JCA. Osumah v. EBS (2004)

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