CONSTITUTIONAL LAW ā Fair Hearing ā Right to Cross-Examine Witnesses in Disciplinary Proceedings
Principle Statement
If any witnesses are called to give evidence, the officer shall be entitled to be present and to put questions to the witnesses. There is nothing on the record to indicate that the witness was contacted for her reaction. If she was, the appellant was entitled to be present and to cross-examine her. This clearly was not done.
Ratio Decidendi (Source)
Per Katsina-Alu, JSC, in Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC) at p. 15; Paras CāE.
"If any witnesses are called to give evidence, the officer shall be entitled to be present and to put questions to the witnesses. ā¦ It is disturbing that there is nothing on the record to indicate that Mrs. Kambi-Selema was contacted for her reaction. If she was, the appellant was entitled to be present during her testimony and to cross-examine her if he chose. This clearly was not done."
Explanation / Scope
An accused officer in disciplinary proceedings has the right to be present and cross-examine witnesses. Failure to afford this right violates fair hearing. The principle applies to constitutional law and disciplinary proceedings. The rule extends fair hearing rights to administrative tribunals. The record must show compliance. Absence of evidence of cross-examination opportunity renders proceedings invalid.
