ADMINISTRATIVE LAW — Natural Justice — Fair Hearing Not Required When University Senate Considers Thesis as Academic/Administrative Act
Principle Statement
When the corrected thesis reached the Senate, it was like placing answer papers before examiners, and the student's presence was not required. The procedure followed did not breach the rules of fair hearing.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Magit v. University of Agriculture, Makurdi & Ors. (2005) NLC-4162001(SC) at pp. 12, 16; Paras A–B, B–C.
"That in considering the appellant's corrected thesis by the 2nd respondent, his presence was no longer necessary… I am in complete agreement … with the holding of the learned trial judge hereinabove … 'When this thesis reached the Senate, it was like placing his answer papers (the corrected thesis) before his examiners and his presence was not required. I cannot see in the procedure followed by the respondents a breach of the rules of fair hearing.'"
Explanation / Scope
The Senate’s consideration of a thesis is an academic assessment, not a disciplinary proceeding requiring the student’s presence. Fair hearing rules apply differently to academic evaluations. The principle applies to administrative law and education law. The student is not entitled to be present during the Senate’s academic judgment.
