CONSTITUTIONAL LAW — Fair Hearing — Queries and Replies — Whether Issuance of Query and Receipt of Reply Satisfies Audi Alteram Partem in Employment Disciplinary Proceedings
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 25; Paras D—E:
"Accusing an employee of misconduct, etc by way of a query and allowing the employee to answer the query, and the employee answers it before a decision is taken satisfies the requirements of fair hearing or natural justice. The appellant was given a fair hearing since he answered the queries before he was dismissed."
Explanation / Scope
This principle establishes that issuing a query to an employee, allowing them to answer, and considering the answer before a decision satisfies fair hearing in employment disciplinary proceedings. The principle applies in employment law. It ensures that employees are given an opportunity to respond. The principle reflects the requirements of audi alteram partem. It prevents dismissal without hearing. The court must recognize query and reply as sufficient. The principle provides guidance on fair hearing in employment.