CRITICAL APPRAISAL OF DISCIPLINARY PROCEDURE UNDER THE KANO STATE CIVIL SERVICE RULES 2005 VIZ A VIZ THE CONSTITUTIONALLY GUARANTEED RIGHT TO FAIR HEARING

Abstract

The  aim of this research work is to examine the disciplinary procedure under the Kano State Civil Service Rules 2004 vis a vis right to fair hearing with a view to finding  out whether the disciplinary procedure is consistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended). The materials for the work have been drawn from both primary and secondary legal sources using doctrinal research methodology. The primary legal sources are   Kano State Civil Service Rules 2004, Public Service Rules of the Federation 2014, Constitution of the Federal Republic of Nigeria 1999 as amended, other enactments and judicial authorities. Secondary sources such as books, journal articles seminar papers, conference papers, public lectures, academic theses, projects; dissertations as well as relevant publications have been consulted. The research work found that Rule 04306 of the Kano State Civil Service Rules 2004 which made provision for disciplinary procedure in cases of serious misconduct which may lead to dismissal, but omitted some other necessary features of right to fair hearing. The remaining Rules either completely or substantially but expressly exclude rights of officers to fair hearing in specified cases. The powers of the Permanent Secretary/Head of Extra Ministerial Department to impose the preliminary administrative sanctions arbitrarily were challenged. The research work recommended amendment of the offending Rules to bring them in line with the provisions of the Constitution.