GYANG & ANOR V COP OF LAGOS STATE & ORS

CORAM

PARTIES

HARUNA GYANGJOACHIN IWUOHA APPELLANTS

COMMISSIONER OF POLICE, LAGOS STATE INSPECTOR-GENERAL OF POLICE NIGERIA POLICE FORCEMINISTRY OF POLICE AFFAIRSATTORNEY GENERAL OF THE FEDERATIONPROVOST MARSHAL, FORCE HEADQUARTERS (ANNEX) LAGOS RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellants instituted an action at the Federal High Court against the Respondents for their unlawful dismissal from the Nigeria Police Force. The trial Court gave judgment against the Appellants. Aggrieved by that decision, the Appellants appealed to the Court of Appeal which also affirmed the decision of the trial Court. The Appellants have now appealed to this Court

HELD

Appeal dismissed

ISSUES

Whether the conduct of the CP’s Review of the findings and decision of the Orderly Room Trial deprived the Applicants their fundamental right to fair hearing as guaranteed under Section 36 of the 1999 Constitution

RATIONES DECIDENDI

ADMINISTRATIVE TRIBUNAL-WHETHER BOUND TO OBSERVE THE PRINCIPLES OF FAIR HEARING

“It has long been settled in a line of cases decided by this court that administrative bodies or tribunals, acting judicially in the determination or imposition of a decision that is likely to affect the civil rights and obligations of a person, are bound and enjoined to strictly observe the principles of fair hearing.”

FAIR HEARING-GUIDING PRINCIPLES OF -SECTION 36 OF THE 1999 CONSTITUTION

“The principle of fair hearing as enshrined in Section 36 (1) of the 1999 Constitution does not necessarily mean an oral hearing. What is required is that every party to the dispute is given an opportunity to state his case. Each party must know the case being made against him and given an opportunity to react thereto.”

CASES CITED

R v. Electricity Joint Commission (1968) NMLR 102|Adeyemi v. Attorney-General Federation (1984) 1 SCNLR p.525|Adigun v. Attorney-General Oyo State & 18 ORS (1987) 1NWLR (pt.53) 682|Oyeyemi v. Com. for local government (1992) 2 NWLR (pt.226) 661 at 67|Akibu v. Oduntan (2000) 13 NWLR (pt.685) p.446|State v. Ajie (2000) 11 NWLR (pt.678) 434|Akande v. Nigerian Army (2001) 8 NWLR (pt. 714) P.l|Duke Vs Government of Cross River State (2013) LPELR-SC.292/2008

STATUTES REFERRED TO

The 1999 Constitution of the Federal Republic of Nigeria|

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