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PRINCIPLES OF NATURAL JUSTICE AND FAIR HEARING IN NIGERIAN LAW

Format: MS WORD  |  Chapter: 1-5  |  Pages: 81  |  650 Users found this project useful  |  Price NGN5,000

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PRINCIPLES OF NATURAL JUSTICE AND FAIR HEARING IN NIGERIAN LAW

 

Abstract

Natural justice has meant different things to different peoples at different times. In its widest sense, it was formerly used as a synonym for natural law. It has been used to mean that reasons must be given for decisions; that a body deciding an issue must only act on evidence of probative value. Some have asserted that the maxim “Actus non facit reum, nisi mens sit rea” is a principle of natural. Whatever the meaning of natural justice may have been, and still is to other people, the common law lawyers have used the term in a technical manner to mean that in certain circumstances decisions affecting the rights of citizens must only be reached after a fair hearing has been given to the individual concerned. On the basis of this, this research project was designed to examine the practicability of the Principles of Natural Justice and Fair Hearing in Nigerian Law.

 

CHAPTER ONE 

INTRODUCTION

1.0           Introduction

From time immemorial the principle of fair hearing has been considered as part of the rules of natural justice.  The rights of a person in legal proceedings or quasi-judicial proceedings consist of three main sets or groups of rights; pre-trial rights, trial-rights and post-trial rights. These three sets of rights are mainly and collectively protected by the 1999 Constitution of the Federal Republic of Nigeria 2011 as amended. These requirements or ingredients of fair-hearing/natural justice have been adequately incorporated into the Nigerian constitution by the words “fair hearing” (audi-alteram partem), and “Impartiality” (nemo judex in causa sua) which are provided under Section 36 of the 1999 Constitution.[1] The other requirements of fair-hearing are comprehensively and adequately encapsulated in the rest of the fair-hearing clauses of the Nigerian constitution. Thus, fair-hearing is the modern name or term for natural justice.


[1] Section 36 CFRN 1999  as amended 2011.

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PRINCIPLES OF NATURAL JUSTICE AND FAIR HEARING IN NIGERIAN LAW

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