An Appraisal of Audi Alterem Partem Principle in an Economically Depressed Country: Nigeria in Focus

• Post by: airjournals
• October 14, 2023
• Comments off

Onah, Hyginus Chinweuba PhD¹ & Nwodo, Amechi Joseph PhD^2
12Department of Legal Studies, Institute of Management and Technology, IMT, Enugu

Abstract This paper critically examines the Audi Alterem Partem doctrine, a pillar of natural justice, in the context of Nigeria, an economically depressed country. The examination is particularly important due to the controversy surrounding Nigeria’s judiciary following the February 25, 2023, General Election, considered by many as the worst in the country’s history. The mishandling of the electronic transmission of election results and the declaration of a winner have raised concerns among Nigerians. The paper emphasizes the need to uphold the Audi Alterem Partem rule in both tribunals and courts involved in the legal proceedings. The study adopts an exploratory approach and relies on secondary sources to analyze the concepts related to the research topic. The findings highlight that government interference in the electoral process poses a significant challenge to the integrity of natural justice and judicial independence. The paper emphasizes the importance of judges maintaining a distance from politicians to ensure impartiality. Corruption is identified as a major obstacle to justice delivery, with some judges succumbing to political pressure while others resist. The judiciary is under scrutiny both domestically and internationally, as reflected in the hashtag all eyes on the judiciary. The paper underscores the implications of a compromised judicial system, asserting that a nation with such a system is on a dangerous path. It emphasizes the crucial role of justice as the last hope of the common man and its connection to broader issues such as insecurity, terrorism, and conflicts in West African countries. The value of the paper lies in its amplification and discussion of the Audi Alterem Partem principle and its application as a confidence builder in the justice system, promoting cohesion and trust in government policies. It also contributes to filling the knowledge gap in this area of law, making it beneficial for scholars in the field of law and other social sciences. Keywords Natural Justice; Audi Alterem Partem; Nemo Judex in Causa Sua; The Bangalore Principle Citation Onah, H. C. & Nwodo, A. J. (2023).  An Appraisal of Audi Alterem Partem Principle in an Economically Depressed Country: Nigeria in Focus. International Journal of Philosophy and Law, 4(2), 1-12 https://doi.org/10.5281/zenodo.10001662