LEGAL PRINCIPLE: ADMINISTRATIVE LAW — Natural Justice — Audi Alteram Partem Rule — Opportunity to Cross-Examine Witnesses as Essential Element of Fair Hearing
PRINCIPLE STATEMENT
The opportunity to cross-examine witnesses who speak against a party is a clear requirement of the audi alteram partem rule; failure to give such opportunity violates natural justice.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Psychiatric Hospitals Management Board v. Edosa (2001) NLC-1631995(SC) at p. 8; Paras A–B.
"On a close examination of Exhibit 'M', there is no indication that the appellant was asked if she wanted to question any of the witnesses or that she in fact did. The inference is that she was not given an opportunity to cross examine the witnesses who spoke against her which is a clear violation of the rule audi alteram partem."
EXPLANATION / SCOPE
The right to cross-examine witnesses is an essential component of fair hearing. A decision based on evidence from witnesses whom the affected party had no opportunity to cross-examine violates natural justice. The audi alteram partem rule requires not only the right to present one’s case but also the right to test opposing evidence. Failure to offer the opportunity to cross-examine is a procedural defect that invalidates the decision. The principle applies to administrative tribunals and domestic bodies as well as courts. The right cannot be waived by implication; the record must show the opportunity was given. A decision reached without cross-examination is null and void for breach of natural justice.