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

By Sylvester Udemezue

1. Nigeria operates a bicameral legislature known as the National Assembly, established by the Constitution and made up of the Senate as the upper Chamber headed by the Senate President, and the House of Representatives as the lower Chamber headed by the Speaker of the House of Reps. Like the Senate, the House of Reps has powers to make laws for the peace, order and good government of the Nigerian Federation.
2. Beyond making laws, Nigeria’s House of Reps plays a key role in representing citizens’ concerns and overseeing the executive arm of government to ensure accountability, transparency, and good governance. It exercises these oversight functions through various means, including: (1) Investigations into public interest issues or misconduct; (2) Public hearings involving citizens and experts; (3) Ministerial briefings for insight into government activities; (4) Passing resolutions and motions with recommendations; (6) Issuing reports to guide improvements; (7) Receiving and investigating public petitions and complaints; (8) Summoning officials to provide information; (9) Initiating impeachment proceedings in serious cases; and (10) Using oversight committees to monitor government actions. Overall, these powers ensure the government remains accountable to the people.
3. The House of Reps initiate investigations through: (a) motions by members, (b) petitions from citizens or groups, (c) resolutions passed by the House, or (d) referrals from the Speaker. Once an investigation is warranted, it’s referred to the House committee with relevant expertise. The committee receives specific terms of reference and timeline to guide the investigation. They may hold public hearings, invite witnesses, collect documents, and conduct field visits. Afterward, the committee submits a report with findings and recommendations, which can lead to further debate or legislative actions.
4. The Council of Legal Education, established in 1962, is the main regulatory body for legal education in Nigeria and oversees the Nigerian Law School (NLS). It holds broad powers to ensure effective legal training. The Nigerian Law School, also founded in 1962 by the Federal Government, provides practical vocational training for aspiring lawyers seeking admission to the Nigerian Bar.
5. The House of Representatives has several committees, including the House Committee on Education and the House Committee on Justice. While the Committee on Education oversees general educational institutions like universities and colleges, the Nigerian Law School falls under the purview of the House Committee on Justice. This committee is responsible for overseeing the Council of Legal Education and the Nigerian Law School, ensuring they fulfil their roles in legal education and certification. Its specific duties include: (a) performing oversight functions to ensure the Council operates within its mandate, (b) reviewing the Nigerian Law School’s budget for adequacy and proper allocation, and (c) investigating issues related to funding, infrastructure, academic standards, and transparency, among other issues of public interest.
6. The House of Representatives has a duty to handle any petition or complaint made against the Council of Legal Education or the Nigerian Law School fairly, justly, and in accordance with natural justice, particularly the principle of audi alteram partem (the right to be heard). Upon receiving such a complaint, the House should review the complaint for validity and, if necessary, refer it to the appropriate committee (e.g., Justice or Education) with specific terms and deadlines. The committee should investigate by consulting stakeholders, inviting the accused parties, gathering evidence, and possibly holding public hearings. After the investigation, the committee submits a report with recommendations for the House to consider. Critically, the accused must always be given a chance to respond before any decision is made, ensuring no one is condemned without being heard.
7. History of Complaints Against The Nigerian Law School and Attitude of the House of Reps:

(a) Controversy over High Rate of Failure at The NLS: On August 15, 2015, ChannelsTV reported that the Nigerian House of Representatives discussed the high failure rate in the Nigerian Law School bar final exams. Representative Bode Ayorinde raised the motion, noting that 32% of candidates failed. He attributed this to poor learning conditions and inadequate facilities at the law schools. In response, the House directed its Committee on Justice to investigate the state of the law schools and identify the causes of the high failure rate.

(b). The Armasa Firdaus Controversy: In 2017, during a session led by Speaker Yakubu Dogara, the then Speaker, the Nigerian House of Representatives addressed a motion raised by Hon. Abubakar Danburam-Nuhu from Kano State concerning the Nigerian Law School’s refusal to call Amasa Firdaus to the Bar due to her wearing a hijab. Danburam-Nuhu argued this action violated Firdaus’ fundamental rights, noting that other countries like the UK and Kenya allow hijabs during such ceremonies. In response, the House directed its Committees on Justice and Judiciary to investigate the issue and ensure all parties were fairly heard before making a final decision.

(c). Brouhaha Over Increase In NLS Fees: On February 21, 2024, Obinna Ginger, on behalf of Kingsley Chinda, moved a motion in the Nigerian House of Representatives concerning a 60% increase in Nigerian Law School fees, from ₦296,000 to ₦476,000 for the 2023/2024 Bar Part II session. The motion highlighted Nigeria’s 27.33% inflation rate, which is projected to rise to 30% by December 2024, and warned that the fee hike could significantly reduce the number of students attending the Law School. In response, the House called on the Council of Legal Education to immediately reverse the fee increase and directed the Committee on Tertiary Education and Services to explore solutions and report within two weeks. The issue was widely covered by media outlets, including Daily Post, Sahara Reporters, Punch Newspapers, and BarristerNG.

(d) ‘ Delayed’ Bar Final Results: On 27 March 2025, the House of Representatives passed a resolution ordering/directing the immediate release of the November 2024 Bar Part 2 Exams, describing the delay in release of the results as a “humanitarian crisis”. The House directed also immediate resolution of the issue of backlog of students awaiting their Call to the Bar in Nigeria. The NigeriaLawyer blog news of 27 March 2025 under the headline, “Reps Declare “Humanitarian Crisis” Over Withheld 6,000 Bar Exam Results, Order Immediate Release” reported that the motion that led to the resolution was sponsored by Hon. Benjamin Okezie Kalu and Hon. Ibrahim Ayokunle Isiaka. The sponsors of the motion had argued that delay in releasing the results had taken severe emotional toll on the about 6000 who sat for the exams. According to them, at least three students who sat for that exam “had died” while waiting for the release of the results. In directing the Nigerian Law School and Council of Legal Education to immediately release the results, the Lawmakers condemned the situation as a “humanitarian crisis” and a threat to justice and fairness. The House also directed its Committees on the Judiciary and Justice to intervene in the matter to ensure immediate release of the results. Additionally, the House called for a streamlined, transparent Call to Bar process to prevent further hardship and to uphold the integrity of the legal profession.

8. The Need for The House of Representatives to Observe a Fair Hearing Always: The Nigerian Law School, as an institution responsible for the training of future legal practitioners, plays a critical role in maintaining the quality of legal education and upholding the integrity of the Nigerian legal system. Given its importance, it is essential that any allegations made against the Nigerian Law School are handled fairly and transparently. It’s accordingly respectfully submitted that the House of Representatives acted unfairly, unjustly, and too hastily when, without giving the Nigerian Law School an opportunity of being heard, the House passed a resolution condemning the Nigerian Law School over the perceived delay in releasing the November 2024 Bar Part 2 exam results, concluded that the “delay” was a “humanitarian crisis” and a threat to justice and fairness, and ordering the Law School to immediately release the results. First, the House didn’t know why the delay occurred. Affording the Law School an opportunity of being heard would have given the House a better understanding of the true state of affairs, ensuring that the House made an informed, balanced decision on the matter.
9. It’s therefore respectfully advised that any time the House of Representatives receives any allegations, complaints or petition against any person or institutions, the House should first bring the allegation, complaint or petition to the attention of the affected person or institution and also afford the affected person or institution an opportunity of being heard before taking any decision or passing a judgment on the matter. The Nigerian Law School plays a vital role in the Nigerian legal education and legal system and does not engage in actions inimical to its students or the Nigerian legal profession; its actions are and decisions are taken in the best interest of both its student and the generality of the legal profession and Nigeria. Thus, any allegations made against Nigerian Law School before/to the House of Representatives should be handled fairly and transparently; the House should always allow the Law School an opportunity to respond to allegations before making any decisions.
10. There are several reasons why giving the Nigerian Law School (NLS) a fair hearing is crucial. First, such maintains respect for the rules of natural justice, due process, and fairness by allowing the NLS to respond to such accusations, thereby ensuring an impartial decision-making process. Second, affording the NLS a fair hearing helps in protecting the integrity, credibility and role of the Nigerian Law School in shaping the legal profession. Third, observance of fair hearing would prevent unfair treatment by allowing the NLS to present its case so as to prevent unjust decisions. Fourth, fair hearing promotes transparency by fostering trust in the legislative process and ensuring that decisions affecting the NLS are based on a complete and accurate understanding of the situation in each case. Fifth, fair hearing promotes the rule of law and due process and respect for legal institutions. Sixth, fair hearing promotes accountability by reinforcing checks on legislative power and ensuring that all allegations are substantiated before decisions are taken thereon. Seventh, respect for fair hearing encourages the culture of dialogue by facilitating greater cooperation and understanding between the legislature and the Nigerian Law School. Eighth, fair hearing safeguards the interest of stakeholders including the students and the entire legal profession.
11. It all boils down to fairness. Fairness is the cornerstone of justice and equality, highlighting the importance of treating others with impartiality. Fairness is about giving everyone an equal chance and making decisions that reflect honesty and justice. Fairness means ensuring that all voices are heard, and that decisions are reached without favoritism or bias. Fairness doesn’t mean equal outcomes; it means equal opportunity, recognizing that everyone has a right to be heard. The principle of audi alteram partem is the second long arm of natural justice which protects a person from arbitrary judicial or administrative actions whenever his right is at stake. It is a fundamental element of the Nigerian legal system, demanding that no person should be judged without a fair hearing; any person accused of anything must be given a opportunity to respond to the evidence against him, before any decision is made against the person. It’s in the best interest of the public that a fair hearing is observed always so as to ensure that justice is not only done, but that it’s seen to be done.
    Long live the Nigerian Law School!
    Long live the House of Reps!
    Long live the Federal
    Republic of Nigeria under the Rule of Law!

Respectfully,
Sylvester Udemezue (udems).
Legal Practitioner, Law Teacher, and the Proctor of The Reality Ministry of Truth, Law and Justice [A Public Interest Law Advocacy Group]
08021365545, 08109024556.
TheRealityMinister@Gmail.Com
(14 April 2025)

The views expressed by contributors are strictly personal and not of Law & Society Magazine.