ADMINISTRATIVE INJUSTICE IN NIGERIAN EMPLOYMENT LAW: THE ROLE OF FAIR HEARING IN DISCIPLINARY PROCEDURES

Abstract

The constitutional guarantee of fair hearing under section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as altered) is the cornerstone of administrative justice in employment relationships involving public bodies and statutory institutions. Yet, in practice, the disciplinary machinery operated under the Public Service Rules, by corporate disciplinary committees, and by quasi-judicial panels routinely falls short of the twin pillars of natural justice. This article interrogates the recurring patterns of administrative injustice in Nigerian employment law, locating the disconnect between the robust jurisprudence of the Supreme Court and the persistent procedural irregularities that characterise dismissals and disciplinary actions. Drawing on a doctrinal analysis of leading authorities, the Public Service Rules, and the expanded jurisdiction of the National Industrial Court of Nigeria, it argues that the dichotomy between employment with statutory flavour and ordinary master-servant employment has produced uneven protection, leaving many workers vulnerable to summary and unfair termination. The article finds that the chief sources of injustice are the denial of notice and adequate particulars of allegations, the conflation of investigative and adjudicative roles, the prejudgment of outcomes, and the inconsistent availability of meaningful remedies. It concludes that the constitutionalisation of fair hearing must be matched by institutional reform and recommends a harmonised statutory standard of procedural fairness applicable across the public and private sectors, anchored on international labour standards.