THE PRINCIPLE OF NATIONAL JUSTICE UNDER THE NIGERIA LAW: A CRITICAL APPRAISAL

This study provides a critical appraisal of the principles of natural justice under Nigerian law, focusing on the fundamental maxims of audi alteram partem (the right to a fair hearing) and nemo judex in causa sua (the rule against bias). The research traces the historical and theoretical foundations of these principles, examining their evolution from ancient philosophies and pre-colonial African justice systems, through British colonial rule, to their modern codification. Using a doctrinal legal research methodology, the study analyzes statutory provisions, constitutional guarantees (specifically Section 36 of the 1999 Constitution), and landmark judicial interpretations by the Nigerian Supreme Court. Findings reveal that while Nigerian courts have consistently upheld natural justice in both judicial and administrative settings—nullifying actions tainted by bias or a lack of fair hearing—practical application remains heavily hindered by systemic challenges. Issues such as procedural delays, judicial inconsistency, widespread illiteracy, and corruption continue to threaten the realization of procedural fairness. The study concludes that comprehensive reforms, including statutory codification of administrative procedures and enhanced judicial training, are necessary to strengthen the enforcement of natural justice and promote the rule of law in Nigeria.