LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Not Applicable Where Dismissal Is Governed by Contract of Service
PRINCIPLE STATEMENT
The constitutional right to fair hearing does not apply to dismissal from employment governed by a contract of service, as the employer acts administratively, not quasi-judicially.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Osakwe v. Nigerian Paper Mill Ltd (1998) NLC-361992(SC) at pp. 14–16; Paras A–D.
"The appellant's contention that he had no fair hearing in accordance with the rules of natural justice and section 33 of the Constitution of the Federal Republic of Nigeria, 1979 is misconceived… He could not have explained himself if not given ample opportunity to do so."
EXPLANATION / SCOPE
Master-servant relationships are contractual, not statutory. The right to fair hearing does not apply to ordinary contracts of employment. The employer acts administratively in terminating employment. The principle applies to private employment. The employee’s remedy is damages for wrongful dismissal. The exception is statutory employment where fair hearing is required. The court will not impose natural justice requirements on private employers. The rule is based on common law principles. The employee may still challenge the factual basis for dismissal if the contract requires cause.
