ADMINISTRATIVE LAW ā Natural Justice ā Disciplinary Proceedings ā Investigation by Accuser Not Investigation by Appropriate Authority
Principle Statement
It was not the Commission that investigated the respondent. It was his accuser ā the Ministry of External Affairs. The question of the commission applying rules of natural justice could never have arisen.
Ratio Decidendi (Source)
Per Onu, JSC, in Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC) at p. 8; Paras EāE. (Adopting Federal Civil Service Commission & Ors v. Laoye (1989) 2 NWLR (Pt. 106) 652 at 683, GāH).
"It was not the Commission that investigated the respondent. It was his accuser ā The Ministry of External Affairs. And so the question of the commission applying rules of natural justice could never have arisen."
Explanation / Scope
Natural justice requirements apply only to the decision-making body, not the accuser. The Commission cannot be faulted for not applying rules to an investigation it did not conduct. The principle applies to administrative law and disciplinary proceedings. The rule distinguishes between investigation by accuser and adjudication by the Commission. The Commission’s duty arises only at the decision stage.
