It courts, as the courts delegates its adjudicatory powers

It
would be important to have a good understanding of what administrative
adjudication is, in its real sense, the different class of administrative
adjudication that exists in Nigeria and also its constitutionality that is what
makes administrative adjudication constitutional. As we have seen, Nigeria
observes the principle of separation of powers however in these times because
of the complexity of modern governance there cannot be a complete application
of separation of powers, which then allows for the practice of administrative
adjudication in Nigeria.

2.1 Adjudication in Nigeria through
Administrative Adjudication

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Administrative
Adjudication can be said to be a process used by administrative agencies in
order to issue regulations through an adversary proceedings, which is the same
as proceedings used in ordinary courts in Nigeria. It is worthy to note that
administration adjudication as a doctrine, is an exception to separation of
powers. Administrative Adjudication has evolved all in different parts of the world
there exists different types of administrative adjudication practiced in those
countries. Administrative adjudicatory bodies which includes tribunals, panels,
or commissions and boards of inquiry, may be established by the government under
one statute or the other for the purpose of exercising judicial, quasi-judicial
and other functions which may be bestowed on them by the statute which brought
into reality or the terms which are given by the authority which set them up.1

Administrative
Adjudication is therefore a process in which an administrative agency gives an
order, such an order being positive or negative, injunctive or declaratory.
Most of the formal proceedings before an administrative agency, may be either
rule making or adjudication. Rulemaking formulates policies by providing rules
for the future actions of individuals governed by that administrative agency.2
The idea of Administrative Adjudication could be compared with that of
delegated legislation, which due to the existence of the complexity in modern
governance the legislature delegates powers to the arm of government known as
the executive, to make what is known as delegated legislation, this is also the
case when it comes to the courts, as the courts delegates its adjudicatory
powers to other bodies such as the tribunals panels, commissions, which then
reduces the burden on the courts, so that justice can be disseminated properly
in the society.3
Administrative Adjudication has defied the doctrine of separation of powers,
which is attributable to the writings of Montesquieu in the 17th
century, whose writings says that for there to be guarantee against a
tyrannical government, the three arms of government which includes the
legislature, executive and the judiciary must have their functions
distinguished from each other. The legislature should not be exercising the
function of either the executive or the judiciary likewise the executive should
not be found exercising the functions of either the legislature or the
judiciary and same also goes for the judiciary.4 It
is to be stated that there cannot be a complete compliance with the doctrine of
separation of powers, as this would lead to a stiff government. Administrative
agencies, in occasions when they are meant to leave the arena of purely
administrative functions, in order for them to handle matters or disputes as
this would help lessen the workloads on our courts in Nigeria. Administrative Adjudicatory
bodies in the performance of adjudicatory functions are controlled by the
courts. However, the courts would intervene to control these Administrative
Adjudicatory bodies if they are called to do so by individuals or bodies
affected by the decisions of these Administrative Adjudicatory bodies which
includes tribunals, panels, commissions and so on.5 A
Tribunal can be said to be sort of special court usually established by the
government outside the ordinary court system for the purpose of hearing and
determining disputes of a particular kind. In the case of Onuoha v Okafor,6
Oputa CJ, (as he then was), as he explained the nature of both courts and
tribunals under the fair hearing provision of the constitution of the Federal Republic
of Nigeria as follows;

The terms, court or tribunal… is
usually used to indicate a person or body of persons exercising judicial
functions by common law, statute, patent, charter, custom, etc. whether it be
invested with the permanent jurisdiction to determine all causes or a class or
as and when submitted or to be clothed by the State or the disputants, with
merely temporary authority to adjudicate on a particular group of disputants.7

A tribunal is
appointed by the government in accordance with the Act, the Tribunals and Inquiries
Act, or by the other laws in the country or other specific statute which is
enacted for that purpose.8 It
is trite that administrative agencies endowed with powers must act within the enabling
statute. Where these administrative adjudicatory bodies does acts which are
contrary to the statute that brought into reality, it then results into a
breach of the statute, as administrative

1
Duru Onyekachi, ‘Administrative Adjudication and Judicial Review: A Contrast’ http://www.academia.edu/679247/Administrative_Adjudication_Judicial_Review_A_Contrast
accessed 1 June 2017.

2
Olufunke Aje –Famuyide, LAW 444- National Open University of Nigeria,
nouedu.net > sites > default > files > Law 444, Administrative Law
II accessed on 1 June 2017.

3
James Louisa & Ekundayo, Vera, ‘Beyond Babel’ (2016) 3(3)  Departmental Journal of Language and Literary
studies, Babcock University 189

4 A.
Toriola Oyewo, ‘Administrative Law in Nigeria’ 1st Ed, Jator
Publishing Company (1997) 165.

5
M.C.Okany, ‘Nigerian Administrative Law’ 1st Ed, Africana First
Publishers Limited (2007) 120

6
(1985) 6 NCLR 503 at 509.

7
Ese Malemi, ‘Administrative Law’ 4th Ed, Princeton Publishing Co
(2012) 210.

8 Ibid

It
would be important to have a good understanding of what administrative
adjudication is, in its real sense, the different class of administrative
adjudication that exists in Nigeria and also its constitutionality that is what
makes administrative adjudication constitutional. As we have seen, Nigeria
observes the principle of separation of powers however in these times because
of the complexity of modern governance there cannot be a complete application
of separation of powers, which then allows for the practice of administrative
adjudication in Nigeria.

2.1 Adjudication in Nigeria through
Administrative Adjudication

Administrative
Adjudication can be said to be a process used by administrative agencies in
order to issue regulations through an adversary proceedings, which is the same
as proceedings used in ordinary courts in Nigeria. It is worthy to note that
administration adjudication as a doctrine, is an exception to separation of
powers. Administrative Adjudication has evolved all in different parts of the world
there exists different types of administrative adjudication practiced in those
countries. Administrative adjudicatory bodies which includes tribunals, panels,
or commissions and boards of inquiry, may be established by the government under
one statute or the other for the purpose of exercising judicial, quasi-judicial
and other functions which may be bestowed on them by the statute which brought
into reality or the terms which are given by the authority which set them up.1

Administrative
Adjudication is therefore a process in which an administrative agency gives an
order, such an order being positive or negative, injunctive or declaratory.
Most of the formal proceedings before an administrative agency, may be either
rule making or adjudication. Rulemaking formulates policies by providing rules
for the future actions of individuals governed by that administrative agency.2
The idea of Administrative Adjudication could be compared with that of
delegated legislation, which due to the existence of the complexity in modern
governance the legislature delegates powers to the arm of government known as
the executive, to make what is known as delegated legislation, this is also the
case when it comes to the courts, as the courts delegates its adjudicatory
powers to other bodies such as the tribunals panels, commissions, which then
reduces the burden on the courts, so that justice can be disseminated properly
in the society.3
Administrative Adjudication has defied the doctrine of separation of powers,
which is attributable to the writings of Montesquieu in the 17th
century, whose writings says that for there to be guarantee against a
tyrannical government, the three arms of government which includes the
legislature, executive and the judiciary must have their functions
distinguished from each other. The legislature should not be exercising the
function of either the executive or the judiciary likewise the executive should
not be found exercising the functions of either the legislature or the
judiciary and same also goes for the judiciary.4 It
is to be stated that there cannot be a complete compliance with the doctrine of
separation of powers, as this would lead to a stiff government. Administrative
agencies, in occasions when they are meant to leave the arena of purely
administrative functions, in order for them to handle matters or disputes as
this would help lessen the workloads on our courts in Nigeria. Administrative Adjudicatory
bodies in the performance of adjudicatory functions are controlled by the
courts. However, the courts would intervene to control these Administrative
Adjudicatory bodies if they are called to do so by individuals or bodies
affected by the decisions of these Administrative Adjudicatory bodies which
includes tribunals, panels, commissions and so on.5 A
Tribunal can be said to be sort of special court usually established by the
government outside the ordinary court system for the purpose of hearing and
determining disputes of a particular kind. In the case of Onuoha v Okafor,6
Oputa CJ, (as he then was), as he explained the nature of both courts and
tribunals under the fair hearing provision of the constitution of the Federal Republic
of Nigeria as follows;

The terms, court or tribunal… is
usually used to indicate a person or body of persons exercising judicial
functions by common law, statute, patent, charter, custom, etc. whether it be
invested with the permanent jurisdiction to determine all causes or a class or
as and when submitted or to be clothed by the State or the disputants, with
merely temporary authority to adjudicate on a particular group of disputants.7

A tribunal is
appointed by the government in accordance with the Act, the Tribunals and Inquiries
Act, or by the other laws in the country or other specific statute which is
enacted for that purpose.8 It
is trite that administrative agencies endowed with powers must act within the enabling
statute. Where these administrative adjudicatory bodies does acts which are
contrary to the statute that brought into reality, it then results into a
breach of the statute, as administrative

1
Duru Onyekachi, ‘Administrative Adjudication and Judicial Review: A Contrast’ http://www.academia.edu/679247/Administrative_Adjudication_Judicial_Review_A_Contrast
accessed 1 June 2017.

2
Olufunke Aje –Famuyide, LAW 444- National Open University of Nigeria,
nouedu.net > sites > default > files > Law 444, Administrative Law
II accessed on 1 June 2017.

3
James Louisa & Ekundayo, Vera, ‘Beyond Babel’ (2016) 3(3)  Departmental Journal of Language and Literary
studies, Babcock University 189

4 A.
Toriola Oyewo, ‘Administrative Law in Nigeria’ 1st Ed, Jator
Publishing Company (1997) 165.

5
M.C.Okany, ‘Nigerian Administrative Law’ 1st Ed, Africana First
Publishers Limited (2007) 120

6
(1985) 6 NCLR 503 at 509.

7
Ese Malemi, ‘Administrative Law’ 4th Ed, Princeton Publishing Co
(2012) 210.

8 Ibid