DUE ENQUIRY

• Date: 06 February 2019

(1) "Due enquiry" it was said by Lord Normand in his judgment (at p. 410) is not necessarily public enquiry, but it does imply that the parties to the dispute should be given an opportunity of being heard by the Governor as Judge between them, and therefore that the date on which the enquiry is to take place should be intimated to them and they should be invited to attend and state their case." - Per Ademola, C.J.F. in Ex parte Adenaiya v. Governor-in-Council Suit No. FSC 210/1961; (1962) 1 All N.L.R. 300 at 305; (1962) 2 N.S.C.C. 205 at 208.

(2) "It is well settled that due inquiry necessarily implies that the parties to the dispute should be given an opportunity of being heard. See Lagunju v. Olubadan in Council (1952) 12 W.A.C.A. at p. 410. Hence a decision arrived at without the appellants having first known the allegations against them and made their defence is a decision without fair hearing. I adopt the formulation by the Court in Queen v. The Administrator, Western Nigeria & Anor. (1962) W.N.L.R. at p. 316 of the meaning of "due inquiry" where it was said that: "By due inquiry is meant an inquiry conducted in the manner and according to any procedure specifically by law for it, or, in the absence of such specific prescription, on inquiry conducted in accordance with the principles of natural justice. The latter requirements permit an inquiry to be conducted in such a manner as is best suited to its object and subject matter and to the...