APPLICATION OF THE PRINCIPLES OF FAIR HEARING IN ADMINISTRATIVE (DISCIPLINARY) PROCEEDINGS IN NIGERIA: SCOPE AND LIMITATIONS

Abstract

The principles of fair hearing stand out as fundamental human rights. This is why it finds expression in section 36 of the Constitution of the Federal Republic of Nigeria. This paper considers and examines the scope and limitations of the application of the principles of fair hearing in administrative (disciplinary) proceedings in Nigeria. The paper holds the view that administrative disciplinary tribunals/panels/bodies are compulsorily bound by the principles of fair hearing, as most of their functions affect the rights and obligations of individuals appearing before them. This is, however, subject to certain limitations provided for by the law. In achieving this purpose, the paper adopts the thematic and doctrinal methods of research. The paper adopts the analytical, critical, expository and comparative methods of presentation, with copious reference to the 1999 Constitution of the Federal Republic of Nigeria; Textbooks on Constitutional and Administrative Law and Human Rights Law; Statute books; Law Reports (Case Laws); National Assembly Gazettes, Local and International Journals as primary and secondary sources of material on the subject matter.