Itwould be important to have a good understanding of what administrativeadjudication is, in its real sense, the different class of administrativeadjudication that exists in Nigeria and also its constitutionality that is whatmakes administrative adjudication constitutional. As we have seen, Nigeriaobserves the principle of separation of powers however in these times becauseof the complexity of modern governance there cannot be a complete applicationof separation of powers, which then allows for the practice of administrativeadjudication in Nigeria.2.1 Adjudication in Nigeria throughAdministrative AdjudicationAdministrativeAdjudication can be said to be a process used by administrative agencies inorder to issue regulations through an adversary proceedings, which is the sameas proceedings used in ordinary courts in Nigeria. It is worthy to note thatadministration adjudication as a doctrine, is an exception to separation ofpowers.
Administrative Adjudication has evolved all in different parts of the worldthere exists different types of administrative adjudication practiced in thosecountries. Administrative adjudicatory bodies which includes tribunals, panels,or commissions and boards of inquiry, may be established by the government underone statute or the other for the purpose of exercising judicial, quasi-judicialand other functions which may be bestowed on them by the statute which broughtinto reality or the terms which are given by the authority which set them up.1 AdministrativeAdjudication is therefore a process in which an administrative agency gives anorder, such an order being positive or negative, injunctive or declaratory.Most of the formal proceedings before an administrative agency, may be eitherrule making or adjudication. Rulemaking formulates policies by providing rulesfor the future actions of individuals governed by that administrative agency.2The idea of Administrative Adjudication could be compared with that ofdelegated legislation, which due to the existence of the complexity in moderngovernance the legislature delegates powers to the arm of government known asthe executive, to make what is known as delegated legislation, this is also thecase when it comes to the courts, as the courts delegates its adjudicatorypowers to other bodies such as the tribunals panels, commissions, which thenreduces the burden on the courts, so that justice can be disseminated properlyin the society.3Administrative Adjudication has defied the doctrine of separation of powers,which is attributable to the writings of Montesquieu in the 17thcentury, whose writings says that for there to be guarantee against atyrannical government, the three arms of government which includes thelegislature, executive and the judiciary must have their functionsdistinguished from each other. The legislature should not be exercising thefunction of either the executive or the judiciary likewise the executive shouldnot be found exercising the functions of either the legislature or thejudiciary and same also goes for the judiciary.
4 Itis to be stated that there cannot be a complete compliance with the doctrine ofseparation of powers, as this would lead to a stiff government. Administrativeagencies, in occasions when they are meant to leave the arena of purelyadministrative functions, in order for them to handle matters or disputes asthis would help lessen the workloads on our courts in Nigeria. Administrative Adjudicatorybodies in the performance of adjudicatory functions are controlled by thecourts.
However, the courts would intervene to control these AdministrativeAdjudicatory bodies if they are called to do so by individuals or bodiesaffected by the decisions of these Administrative Adjudicatory bodies whichincludes tribunals, panels, commissions and so on.5 ATribunal can be said to be sort of special court usually established by thegovernment outside the ordinary court system for the purpose of hearing anddetermining disputes of a particular kind. In the case of Onuoha v Okafor,6Oputa CJ, (as he then was), as he explained the nature of both courts andtribunals under the fair hearing provision of the constitution of the Federal Republicof Nigeria as follows;The terms, court or tribunal… isusually used to indicate a person or body of persons exercising judicialfunctions by common law, statute, patent, charter, custom, etc.
whether it beinvested with the permanent jurisdiction to determine all causes or a class oras and when submitted or to be clothed by the State or the disputants, withmerely temporary authority to adjudicate on a particular group of disputants.7 A tribunal isappointed by the government in accordance with the Act, the Tribunals and InquiriesAct, or by the other laws in the country or other specific statute which isenacted for that purpose.8 Itis trite that administrative agencies endowed with powers must act within the enablingstatute.
Where these administrative adjudicatory bodies does acts which arecontrary to the statute that brought into reality, it then results into abreach of the statute, as administrative1Duru Onyekachi, ‘Administrative Adjudication and Judicial Review: A Contrast’ http://www.academia.edu/679247/Administrative_Adjudication_Judicial_Review_A_Contrastaccessed 1 June 2017.2Olufunke Aje –Famuyide, LAW 444- National Open University of Nigeria,nouedu.net > sites > default > files > Law 444, Administrative LawII accessed on 1 June 2017.3James Louisa & Ekundayo, Vera, ‘Beyond Babel’ (2016) 3(3) Departmental Journal of Language and Literarystudies, Babcock University 1894 A.
Toriola Oyewo, ‘Administrative Law in Nigeria’ 1st Ed, JatorPublishing Company (1997) 165.5M.C.Okany, ‘Nigerian Administrative Law’ 1st Ed, Africana FirstPublishers Limited (2007) 1206(1985) 6 NCLR 503 at 509.7Ese Malemi, ‘Administrative Law’ 4th Ed, Princeton Publishing Co(2012) 210.8 IbidItwould be important to have a good understanding of what administrativeadjudication is, in its real sense, the different class of administrativeadjudication that exists in Nigeria and also its constitutionality that is whatmakes administrative adjudication constitutional. As we have seen, Nigeriaobserves the principle of separation of powers however in these times becauseof the complexity of modern governance there cannot be a complete applicationof separation of powers, which then allows for the practice of administrativeadjudication in Nigeria.
2.1 Adjudication in Nigeria throughAdministrative AdjudicationAdministrativeAdjudication can be said to be a process used by administrative agencies inorder to issue regulations through an adversary proceedings, which is the sameas proceedings used in ordinary courts in Nigeria. It is worthy to note thatadministration adjudication as a doctrine, is an exception to separation ofpowers. Administrative Adjudication has evolved all in different parts of the worldthere exists different types of administrative adjudication practiced in thosecountries.
Administrative adjudicatory bodies which includes tribunals, panels,or commissions and boards of inquiry, may be established by the government underone statute or the other for the purpose of exercising judicial, quasi-judicialand other functions which may be bestowed on them by the statute which broughtinto reality or the terms which are given by the authority which set them up.1 AdministrativeAdjudication is therefore a process in which an administrative agency gives anorder, such an order being positive or negative, injunctive or declaratory.Most of the formal proceedings before an administrative agency, may be eitherrule making or adjudication. Rulemaking formulates policies by providing rulesfor the future actions of individuals governed by that administrative agency.2The idea of Administrative Adjudication could be compared with that ofdelegated legislation, which due to the existence of the complexity in moderngovernance the legislature delegates powers to the arm of government known asthe executive, to make what is known as delegated legislation, this is also thecase when it comes to the courts, as the courts delegates its adjudicatorypowers to other bodies such as the tribunals panels, commissions, which thenreduces the burden on the courts, so that justice can be disseminated properlyin the society.
3Administrative Adjudication has defied the doctrine of separation of powers,which is attributable to the writings of Montesquieu in the 17thcentury, whose writings says that for there to be guarantee against atyrannical government, the three arms of government which includes thelegislature, executive and the judiciary must have their functionsdistinguished from each other. The legislature should not be exercising thefunction of either the executive or the judiciary likewise the executive shouldnot be found exercising the functions of either the legislature or thejudiciary and same also goes for the judiciary.4 Itis to be stated that there cannot be a complete compliance with the doctrine ofseparation of powers, as this would lead to a stiff government. Administrativeagencies, in occasions when they are meant to leave the arena of purelyadministrative functions, in order for them to handle matters or disputes asthis would help lessen the workloads on our courts in Nigeria.
Administrative Adjudicatorybodies in the performance of adjudicatory functions are controlled by thecourts. However, the courts would intervene to control these AdministrativeAdjudicatory bodies if they are called to do so by individuals or bodiesaffected by the decisions of these Administrative Adjudicatory bodies whichincludes tribunals, panels, commissions and so on.5 ATribunal can be said to be sort of special court usually established by thegovernment outside the ordinary court system for the purpose of hearing anddetermining disputes of a particular kind.
In the case of Onuoha v Okafor,6Oputa CJ, (as he then was), as he explained the nature of both courts andtribunals under the fair hearing provision of the constitution of the Federal Republicof Nigeria as follows;The terms, court or tribunal… isusually used to indicate a person or body of persons exercising judicialfunctions by common law, statute, patent, charter, custom, etc. whether it beinvested with the permanent jurisdiction to determine all causes or a class oras and when submitted or to be clothed by the State or the disputants, withmerely temporary authority to adjudicate on a particular group of disputants.7 A tribunal isappointed by the government in accordance with the Act, the Tribunals and InquiriesAct, or by the other laws in the country or other specific statute which isenacted for that purpose.8 Itis trite that administrative agencies endowed with powers must act within the enablingstatute.
Where these administrative adjudicatory bodies does acts which arecontrary to the statute that brought into reality, it then results into abreach of the statute, as administrative1Duru Onyekachi, ‘Administrative Adjudication and Judicial Review: A Contrast’ http://www.academia.edu/679247/Administrative_Adjudication_Judicial_Review_A_Contrastaccessed 1 June 2017.2Olufunke Aje –Famuyide, LAW 444- National Open University of Nigeria,nouedu.net > sites > default > files > Law 444, Administrative LawII accessed on 1 June 2017.3James Louisa & Ekundayo, Vera, ‘Beyond Babel’ (2016) 3(3) Departmental Journal of Language and Literarystudies, Babcock University 1894 A.Toriola Oyewo, ‘Administrative Law in Nigeria’ 1st Ed, JatorPublishing Company (1997) 165.5M.C.Okany, ‘Nigerian Administrative Law’ 1st Ed, Africana FirstPublishers Limited (2007) 1206(1985) 6 NCLR 503 at 509.7Ese Malemi, ‘Administrative Law’ 4th Ed, Princeton Publishing Co(2012) 210.8 Ibid
