"Chapter Three:
Opening Epigraphs:
"Laws are made for Man and not Man made for Laws; therefore, on no account should Man be slaughter on the altar of miscarriage of justice, but let the voice of every man be heard on the very account of his accusations before any other thing be done or before execution of the law upon his head. For the Heavens and the Earth lose all peace on the account of one miscarriage of justice upon one as posterity surely do grind justice over entire mankind on account of one."
— Fame Agidife_TheLegalLens (The Law)
"Justice must not only be done, but must also be seen to be done."
— Lord Hewart, R v. Sussex Justices, ex parte McCarthy (1924)
"No bias. Hear both sides. That is natural justice in seven words."
— Fame Agidife_TheLegalLens (The Law)
Introduction: The Essence of Natural Justice
The law of natural justice is not a single statute or codified provision. Instead, it is a fundamental principle of fairness that runs through every legal and administrative decision. Rooted in the philosophy that justice must be visible as well as real, it ensures that no man is condemned unheard and that no decision is tainted by bias.
These principles are unwritten but universally recognized across common law jurisdictions such as the UK, Nigeria, India, Canada, and beyond. Even where statutes are silent, courts imply natural justice to prevent arbitrary or oppressive decision-making.
The Two Core Principles
1. Nemo judex in causa sua (No one should be a judge in their own cause)
Rule: Decision-makers must be impartial, with no personal interest in the matter.
Case Example (Nigeria): Deduwa v. Okorodudu (1976) — The Supreme Court nullified proceedings because of likelihood of bias.
2. Audi alteram partem (Hear the other side)
Rule: Every party affected by a decision must be given the opportunity to be heard, to present evidence, and to challenge the case against them.
Case Example (Nigeria): Garba v. University of Maiduguri (1986) — The expulsion of students was overturned because they were not granted fair hearing.
Constitutional Foundation in Nigeria
The Nigerian Constitution directly embeds natural justice:
Section 36 (1999 Constitution) → Guarantees the right to fair hearing in civil, criminal, and quasi-judicial matters.
This provision operationalizes audi alteram partem in constitutional form and ensures that fair hearing is a protected fundamental right.
Application in Nigerian Legal Practice
Court Cases (Civil & Criminal): Every accused person must be informed of charges and allowed to defend themselves.
Administrative Panels: Civil service disciplinary proceedings must respect fair hearing.
Quasi-Judicial Bodies: Professional tribunals (NBA, NMA, COREN) are bound by natural justice when disciplining members.
Government Decisions: Actions like revocation of land, suspension of licences, or deportation orders must follow natural justice, unless a statute expressly excludes it.
Judicial Approach in Nigeria
Nigerian courts presume natural justice applies even if a statute is silent, unless excluded in clear terms.
Garba v. University of Maiduguri (1986) → Expulsions nullified because the disciplinary panel violated fair hearing.
Ariori v. Elemo (1983) → Emphasized both parties must be heard before judgment.
Legal Practitioners Disciplinary Committee v. Fawehinmi (1985) → Reinforced that professional tribunals must obey natural justice.
Courtroom Illustration
Scenario:
Mr. Ade, a civil servant, receives a letter stating:
“You are hereby dismissed for gross misconduct.”
He was never invited to a disciplinary panel, never told the allegations, and the decision was signed by his supervisor who had a personal grudge.
In Court:
Mr. Ade’s lawyer: “My Lord, this dismissal violates natural justice. My client was not heard (audi alteram partem), and the decision-maker was biased (nemo judex in causa sua).”
Judge: “Section 36 of the Constitution guarantees fair hearing. Even if the rules were silent, natural justice is implied. The dismissal is null and void.”
Decision: The court reinstates Mr. Ade and awards damages.
📌 Natural Justice Cheat Sheet (Nigeria Focus)
Meaning:
Unwritten rules ensuring fairness in decision-making. Justice must be done and seen to be done.
Two Core Rules:
Nemo judex in causa sua — No bias in decision-making. Case: Deduwa v. Okorodudu (1976).
Audi alteram partem — Hear the other side. Case: Garba v. University of Maiduguri (1986).
Constitutional Basis:
Section 36, 1999 Constitution → Right to fair hearing.
Where It Applies:
Courts (civil & criminal)
Administrative panels
Professional tribunals
Government decisions
Key Nigerian Cases:
Deduwa v. Okorodudu — Bias invalidates decisions.
Ariori v. Elemo — Both sides must be heard.
Garba v. Univ. of Maiduguri — Expulsion voided for lack of fair hearing.
LPDC v. Fawehinmi — Disciplinary tribunals must comply with natural justice.
Quick Test Questions:
Was the person informed of the case?
Were they allowed to respond?
Was the decision-maker impartial?
👉 If “No” to any → Decision is void.
Memory Hook:
📌 “No bias. Hear both sides.”
Closing Reflection
The law of natural justice embodies the heart of fairness. It stands as a check against arbitrariness, ensuring that both courts and administrative bodies act with integrity. In Nigeria, as across the common law world, it remains the invisible guardian of justice — the assurance that process is as sacred as outcome.
📖 Summary of Chapter Three:
Natural justice is not a statute but an enduring principle of fairness. Anchored in nemo judex in causa sua and audi alteram partem, it shapes Nigerian law through constitutional backing (Section 36) and judicial enforcement. From civil courts to government tribunals, it safeguards citizens against bias and silencing. Justice, it teaches, is not justice unless it is both done and seen to be done.
The law is a living proof of Mankind's existence; therefore, the Law must be absolute over liberty and power for Man's Own orderly existence ~ Fame Agidife_ThegalLegalLens
