Lecture on Natural Justice

Definition of Natural Justice

• Natural justice in law is used in two main senses:
  • Broader sense: Refers to what is fair, reasonable, or inherently equitable.
  • Narrower (Technical) sense: Refers to two main principles:
    • Nemo Judex in Causa Sua: No one should be a judge in their own cause (rule against partiality/bias).
    • Audi Alteram Partem: The right to a fair hearing (all sides must be heard).

Importance of Natural Justice

• Ensures justice is seen to be done and is manifestly and undoubtedly done.
• Focuses on procedural fairness rather than the substantive fairness of a decision.

Principles of Natural Justice

Nemo Judex in Causa Sua

• A judge should recuse themselves if they have a preconceived idea or full knowledge of the facts that might lead to bias.
• Example: A judge with prior knowledge of a case should not adjudicate to ensure fairness.

Audi Alteram Partem

• Everyone has the right to a fair hearing.
• Historical Context: Traced back to the Bible (Adam and Eve) and traditional practices.
• Components of the Right to Be Heard:
  • Notice of time, place, and nature of hearing.
  • Access to evidence and documents.
  • Right to legal representation.
  • Understanding reasons for decisions made against them.

Applicability in Ghana's Legal System

• Reflected in Ghana's Constitution (Articles 23, 296, and 19(13)).
• Administrative and judicial bodies must act fairly, reasonably, and without bias.

Case Law in Ghana

Ridge v Baldwin

• Applied to public bodies making judicial or administrative decisions.

Republic v State Fishing Corporation (Ex parte Bannerman)

• Applied to commissions of inquiry.
• Suspension without hearing deemed invalid.

Republic v Asokore Traditional Council (Ex parte Tiwaa)

• Applied to traditional councils and chieftaincy tribunals.

Awuah v Ghana Commercial Bank

• Employee dismissed without being heard.
• Supreme Court quashed the dismissal.

Awuah v West African Examination Council

• Exam results cancelled without hearing students.
• Supreme Court decision re-instated the results.

Conclusion

• Natural justice ensures procedural fairness in legal and administrative processes.
• Violations of natural justice principles can render decisions null and void.
• Emphasizes the right to be heard and fair adjudication processes.
• Critical for maintaining confidence in the justice system.