LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Fair Hearing – Requirement to Confront Employee with Specific Allegations
PRINCIPLE STATEMENT
An employee must be confronted with specific allegations and given an opportunity to be heard. Finding an employee guilty of allegations not confronted with violates the principle of fair hearing.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Council v. Yusuf (1998) NLC-1411991(SC) at pp. 8–9; Paras D–B.
"The respondent was not availed the opportunity of being heard on these new allegations by the committee. Thus he was found guilty of what he was not confronted with. This is against the letters of the Federal Polytechnics Act, S. 12(1) (supra). The allegations of the Committee have not been put to trial."
EXPLANATION / SCOPE
An employee must be informed of specific allegations. Finding guilt on uncommunicated charges violates fair hearing. The principle applies to disciplinary proceedings. The employee must have an opportunity to respond. The rule protects against ambush. The proceedings are null and void. The principle is fundamental.
CASES APPLYING THIS PRINCIPLE
None recorded.