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Imperatives of Procedural Fairness in Legislative Oversight in Nigeria: Dangers in the Manner of House of Reps’ Order to the Nigerian Law School Over ‘Delayed’ Bar Results

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April 15, 2025
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By Sylvester Udemezue

ABUJA – April 15, 2025: The Nigerian House of Representatives plays an essential role in lawmaking, representation, and oversight. As part of Nigeria’s bicameral National Assembly, alongside the Senate, the House exercises significant powers that include probing institutions, passing resolutions, and safeguarding public interest. However, in executing these duties, the principle of procedural fairness must never be sidelined—especially when such oversight involves sensitive institutions like the Nigerian Law School (NLS).

In recent weeks, controversy trailed a resolution by the House of Representatives ordering the immediate release of the November 2024 Bar Part II examination results. The motion, jointly sponsored by Hon. Benjamin Okezie Kalu and Hon. Ibrahim Ayokunle Isiaka, decried the delay in releasing the results as a “humanitarian crisis,” citing emotional distress among the 6,000 affected candidates and reports that at least three had died during the wait.

Describing the situation as an emergency, the House condemned the Council of Legal Education (CLE) and directed the Nigerian Law School to immediately release the results and address the backlog of students awaiting Call to Bar. The lawmakers also mandated its Judiciary and Justice Committees to intervene.

However, legal experts and education stakeholders, including this writer, have raised concern over the apparent breach of procedural fairness in the House’s approach. The Nigerian Law School, an institution with a longstanding mandate to uphold legal standards in training future lawyers, was not reportedly given a chance to be heard before such a sweeping directive was issued.

Understanding Legislative Oversight

Legislative oversight is crucial for a functioning democracy. It ensures accountability of public institutions, checks abuse of power, and reinforces public trust. The House of Representatives employs various mechanisms to achieve this: from investigations and petitions to committee hearings and public engagements. But these powers come with the responsibility of fairness, balance, and adherence to principles of natural justice.

The doctrine of audi alteram partem—let the other side be heard—is a bedrock of natural justice and a critical element of Nigerian jurisprudence. Every accused person or institution must be granted the opportunity to present their side before any decisions are made. It is not merely a courtesy but a legal and moral imperative.

History of Engagements with NLS

The House of Representatives has historically taken interest in the operations of the Nigerian Law School. In 2015, the House debated the high rate of failure at the Law School. In 2017, it investigated the Amasa Firdaus hijab controversy. More recently, in 2024, it moved against a 60% fee increase by the Law School. In all these cases, the House sought to protect public interest.

However, the pattern emerging in the latest incident—the “delayed” Bar results—suggests a deviation from established norms. The Nigerian Law School was reportedly neither consulted nor invited to explain the delay before the House declared a crisis and issued a resolution.

Why Fairness Matters

Fair hearing is not negotiable. It promotes transparency, builds trust, and ensures the legislature’s actions are grounded in truth and context. Had the House first invited the Council of Legal Education or the Law School for explanation, it may have unearthed legitimate reasons for the delay—ranging from technical review challenges to internal administrative reforms.

Moreover, fairness enhances institutional integrity. The Nigerian Law School is not a rogue body; it has consistently trained generations of Nigerian lawyers and contributed immensely to legal development. Its decisions, while sometimes controversial, are often aimed at maintaining academic rigor and professional standards.

Recommendations for Future Oversight

To avoid similar missteps, the House of Representatives should:

Always Seek Clarification First: When petitions arise, affected institutions must be contacted and heard before public conclusions are drawn.

Assign Matters to Relevant Committees: In this case, the Committee on Justice should have been empowered to investigate and report before resolutions were made.

Balance Speed with Sensitivity: Even in urgent cases, procedural justice must not be sacrificed.

Respect Institutional Roles: Oversight is not control; it is supervision rooted in law, due process, and collaboration.

Conclusion

At the heart of justice lies fairness. It is fairness that transforms oversight into trust, criticism into reform, and democracy into development. While the plight of Bar exam candidates is worthy of empathy and prompt attention, the Nigerian Law School also deserves a fair hearing. A rush to condemn without inquiry undermines the very justice the House of Reps seeks to uphold.

Nigeria’s legal system must not only preach due process—it must embody it. As the House continues to champion the people’s cause, it must remember that fairness is not just a legal principle—it is a moral compass.

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