Lecture on Natural Justice

Introduction

• Natural Justice: Discussed in two main senses in law:
  • Broader Sense: Refers to what is fair, reasonable, or inherently equitable.
  • Narrower/Technical Sense: Refers to two key principles:
    • Nemo Judex in Causa Sua: No man should be a judge in his own case (rule against bias/partiality).
    • Audi Alteram Partem: The right to a fair hearing (all parties must be heard before a judgment is passed).

Importance of Natural Justice

• Ensures justice is seen to be done, not just done.
• Prevents bias and ensures fairness in judicial processes.
• Informs the procedure used in decision-making, emphasizing fairness over substantive correctness.

Principles of Natural Justice

Nemo Judex in Causa Sua

• Prevents decision-makers from adjudicating in cases where they have an interest.
• Ensures impartiality and fairness in judicial proceedings.

Audi Alteram Partem

• Right to Fair Hearing:
  • All parties must be given an opportunity to be heard.
  • Decision-makers must provide fair notice and opportunity to present one's case.
  • Access to relevant documents and information is necessary.
  • Decisions must be communicated with reasons.
• Historical and cultural references:
  • Traced back to the Garden of Eden and comparative cultural practices.

Legal Framework in Ghana

• Constitutional Provisions:
  • Article 23: Mandates administrative bodies to act fairly and reasonably.
  • Article 296: Implies duty to act fairly and prohibits arbitrary decision-making.
  • Article 19(13): Ensures fair hearing in civil rights determinations.

Application to Bodies and Cases

• Applies to public bodies, commissions of inquiry, tribunals, and traditional councils.

Case Studies

1. Ridge v Baldwin:

   • Police officer dismissed without being informed of charges or given a hearing.
   • Decision reversed due to breach of natural justice.

2. Republic v State Fishing Corporation Commission (Ex Parte Bannerman):

   • Applicant suspended without a hearing by a commission of inquiry.
   • Suspension quashed due to breach of right to be heard.

3. Republic v Asutsuare Traditional Council (Ex Parte Tewaa):

   • Queen Mother destooled in absentia without a hearing.
   • Destoolment declared null and void.

4. Awuah v Ghana Commercial Bank:

   • Employee dismissed without notice or hearing.
   • Dismissal quashed for lack of fair hearing.

5. Awuni v West African Examinations Council:

   • Examination results canceled without fair hearing.
   • Cancellation reversed for breaching right to be heard.

Conclusion

• Natural justice, particularly Audi Alteram Partem, is critical in ensuring decisions are made fairly and impartially.
• Violations of these principles can render decisions null and void.
• Reflects principles embedded in common law and constitution in Ghana.

Key Takeaway

• Natural justice emphasizes fair procedure and hearing, ensuring that decisions are not only fair but seen to be fair.