A Critique of the Application of the Principles of Natural Justice in Disciplinary Action in Nigerian Universities

A Critique of the Application of the Principles of Natural Justice in Disciplinary Action in Nigerian Universities

ABSTRACT

The requirement of the principles of natural justice in the Universities disciplinary action has received much attention from the Courts in the recent time. The Court interventionin the administrative determination of the Universities hascreated a lot of uncertainties and confusion. In fact, the extent, scope and limit of the Universities‟ power to punish student for misconduct is mostly unclear. This problem is so far-reaching that the University decision-makers are often confused as to practical steps to follow or what standard of natural justice they should observe in their disciplinary process.Objectives of the work include theappraisal of the University disciplinary jurisdiction vis-à-vis court of competent jurisdiction in trying University students for misconduct. This work is motivated by the unusual raise in the student-university litigations in Nigeria. The study focused on the importance of University disciplinary system and remedies as a much better way of resolving University disciplinary matters. It employed the doctrinal method of research to critically examine the application of the principles of natural justice in disciplinary action in Nigerian Universities and its effect on the institutional administrative expediency and efficiency. This research produced a number of findings:the application of the principles of natural justice to the University disciplinary actions are too demanding for the University Disciplinary Authorities;students and staff, despite the internal redress mechanism in the University forum, still resort to the court of law for redress. Based on the findings, it is recommended that the observation of the basic principles of natural justice should be sine qua non to discipline of student in Nigerian Universities. It is no longer sufficient for a University to discipline a student where it appears to the Vice-chancellor that such a student has been guilty of misconduct. Any student facing a disciplinary penalty, must know the case against him/her, the student must be given an opportunity to correct or contradict the evidence that have been made in support of the case, the University authority must make its decision without a reasonable apprehension of bias. In order to avoid the cost and minimize the number of lawsuits mushrooming in our Universities, it is crucial that University administrators understand the law, disciplinary due process and follow it.

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