International Journal of Law and Society

2022; 5(4): 371-377

http://www.sciencepublishinggroup.com/j/ijls
doi: 10.11648/j.ijls.20220504.14
ISSN: 2640-1894 (Print); ISSN: 2640-1908 (Online)

Review Article
The Relevance of Natural Justice in the Decision-Making
Processes of Public Bodies and Officials in Ghana
Ronald Osei Mensah
Social Development Department, Centre for Languages and Liberal Studies, Takoradi Technical University, Takoradi, Ghana

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To cite this article:

Ronald Osei Mensah. The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana.
International Journal of Law and Society. Vol. 5, No. 4, 2022, pp. 371-377. doi: 10.11648/j.ijls.20220504.14

Received: October 11, 2022; Accepted: November 3, 2022; Published: November 16, 2022

Abstract: As its name implies, Natural Justice is so fundamental that it is equated to being innate, intuitive or instinctive. It is
essentially designed to ensure fairness in the application of law. This paper aims to discuss the relevance of natural justice in the
decision-making processes of public bodies and officials, taking the 1992 constitution of Ghana in perspective. The principles are
so fundamental and universal that they are implied to apply to every situation of the law unless otherwise explicitly stated in
statutes. It has even been said that, the Biblical events at the Garden of Eden; specifically, the act of disobedience by Adam and
Eve and their subsequent trial by God marked the beginning and development of these principles. This paper studies the twin
principles of Natural Justice against the backdrop of the 1992 Constitution of Ghana. According to the study, "natural justice" is
based on the two (2) principles that "no man shall be punished without due process of law" and "no man shall be judge in his own
cause (with exception)". People have the right to seek redress in front of a court or other authority if they have been mistreated by
the implementation of such acts or decisions. The principles of natural justice essentially guarantee justice and fairness therefore,
the importance of the exercise of Natural Justice is clearly indicated. It is recommended that Rule of law should be strictly
adhered to without prejudice. Also, due process should be followed without any human or institutional interference. Furthermore,
the media must apply professional standards in their work delivery in the support of natural justice.
Keywords: Audi Alteram Partem, Bias, Fair Hearing, Natural Justice, Nemo Judex

law system and soon acquired a hallowed pedestal of

1. Introduction peremptory essence which binds all courts and tribunals.
“Natural justice means the principle of justice compromised Non-compliance with these rules of natural justice destroys
of the right to a decision made in absence of bias, the right to the jurisdiction of the court or tribunals and nullifies any order
know the case against ones’ self-review related evidence and or ruling made 1 . The drafters of the 1992 Constitution
the right to a fair opportunity to rebut said case” (The Law incorporated these fundamental principles underlying the
Insider). The twin Latin maxims Nemo judex in causa sua and common law system and preserved its application under
the rule of Audi alteram partem, which represent the principle article 11 of the 1992 Constitution. Article 11 of the
of natural justice, are the cornerstones of the administration of Constitution on the laws of Ghana includes the common law.
justice. So indispensable are these rules to all tribunals which The doctrines of equity, the common law, and the rules of
sit to adjudicate cases affecting individual rights that any form customary law, including those established by the Superior
of non-compliance with these rules strikes a discordant note to Court of Judicature, are all considered to be part of Ghana's
the tune of justice. According to the natural justice principle, common law. 2 . By this, the principle of natural justice is
decision-makers must be impartial, act in good faith, and
refrain from bias while allowing each party to present their 1 See observations of Acquah JSC (as he then was) in Barclays Bank v Ghana
case fully [19]. Cable [1998-1999] SCGLR 1 at page 7, relying on Vasques v Quarshie [1969] GLR
The principle of natural justice evolved under the common 62.
2 1992 Constitution, art 11 (2).
 International Journal of Law and Society 2022; 5(4): 371-377 372

firmly ensconced in the very fabric of our legal system and such persons to meet the case of their opponent with their own,
binding on all courts under article 126 of the 1992 and not be condemned with judgment given at his back. This
Constitution in administering justice. is essentially what the first leg of natural justice, ‘audi alteram
Administrative bodies and tribunals are equally bound to partem’ rule or fair hearing postulates.
comply with the rules of natural justice. Article 23 of the The constitution under article 19 makes fair hearing a
Constitution provides that: mandatory requirement in criminal proceedings. A person
People who are harmed by the exercise of such acts and exciting with an illegal offence shall be given a fair hearing
decisions have the right to seek redress before a court or other within a reasonable time 6 . Also, a person charged with a
tribunal3. criminal offence shall be informed immediately of the nature
The essence of this provision is not farfetched from the of the offence against him in a language that he understands
dictum of Ofori Boateng JA in L’Air Liquide v Anin as and in detail, must be given adequate time to prepare his
follows: defense, be allowed to defend himself before the court in
‘The fundamental rule for managerial inquiries is that individual, or by a lawyer, to cross examine witnesses, to
whenever people are authorized by the constitution to weigh the examine witnesses called by him and to be entitled to an
evidence and draw conclusions that have an impact on people's interpreter7.
lives, they are acting in a quasi-judicial capacity [18]. The The rule of fair hearing equally applies in civil proceedings
courts have the authority to declare a procedure invalid as well as applied in the following decided cases:
as the resulting decision, even though the body in question is In allowing an appeal against unlawful dismissal, the
not a court and has violated the principles of natural justice. Supreme Court in Aboagye v Ghana Commercial Bank
Two principles of natural justice are that no man shall be unanimously held that just as in a civil proceeding, proper
sentenced without due process of law and that no man shall be service of notice on a defendant is a condition precedent to fair
judge in his own cause’4. Hence, this paper seeks to discuss the trial. If this is neglected to be done, the final decision will be
relevance of natural justice in the decision-making processes of declared a nullity. The audi alteram partem rule, which
public bodies and officials in Ghana. suggests that the authority exercising disciplinary power
ought to afford the plaintiff the opportunity to be heard and he
2. Audi Alteram Partem Rule should be informed of the charges as well as the date and place
of trial, is one of the rules of a fair trial8.
Administrative tribunals are usually set up to determine The audi alteram partem rule was also applied in Awuni v
matters which substantially affect or impose a duty on person West African Examination Council 9 . In this case, thirteen
(s) appearing before it. Their decision may visit irreparable participants of an examination conducted throughout Ghana
consequences on a subject and may deprive the person of by WAEC had their final results cancelled and further barred
some right, privilege, benefit or entitlement. The constitution from taking exams conducted by WAEC for three years on the
guides the exercise of discretionary powers to ensure grounds of collusion and exam malpractice. These sanctions
administrative justice under articles 23 and 296. were issued by the Final Award and Examination Committee
Article 23 provides that: of WAEC, without granting the students the opportunity to be
Administrative bodies and officials must act fairly and heard. The Supreme Court in a unanimous decision set aside
reasonably and adhere to the legal restrictions placed on them. the decision of the body as violating the rules of natural justice.
People who are damaged by the exercise of such acts and The court held per Kpegah JSC at page 489 as follows:
decisions have the right to seek redress before a court or other ‘I personally assert that, the phrase "to act fairly and
body5. reasonably" inevitably implies a responsibility to uphold
Acting fairly implies compliance with the rules of natural the common law maxim of audi alteram partem, which is a
justice and compliance with the law conferring power on the significant part of our jurisprudence and is implicit in our
administrative body or official. Natural justice implies a fair constitution's article 23. I am unable to see how a person
hearing and the avoidance of bias or the likelihood of bias in could be said to have acted fairly and reasonably if he did
decision making. Acting reasonably implies acting rationally not provide notice to or an opportunity for a hearing to a
and also taking into consideration the rights of other citizens third party who was entitled to such notice or an
and the interest of the public. opportunity for a hearing before making a decision that
Article 296 of the 1992 Constitution guides the exercise of would negatively affect that third party's rights.
optional power. The exercise of discretion must be fair and This rule was earlier applied in the case of Hearts of Oak v
candid. Failure to do this constitutes a breach. Persons Ghana Football Association10. In a match between Hearts of
appearing before tribunals must be given sufficient oak and Dumas boys, perceived mishandling of the match by
opportunities to be heard and present their case. the referee resulted in a riotous conduct by the football fans
Administrative tribunals must grant adequate facilities for
6 1992 Constitution, art 19 (1).
7 Ibid, art 19 (2).
3 Ibid, art 23. 8 Aboagye v Ghana Commercial Bank [2001-2002] SCGLR 797.
4 L’Air Liquide v Anin [1991] 1GLR 460. 9 [2003-2004] SCGLR 471.
5 Ibid, art 23. 10 [1982-83] GLR 111.
373 Ronald Osei Mensah: The Relevance of Natural Justice in the Decision-Making Processes of
Public Bodies and Officials in Ghana

which caused considerable damage to the stadium. The financial stake in the outcome of the case, but his actions or
executive council of the Ghana Football Association in a press behavior in some other way may raise doubts about his
release prohibited Hearts of oak from playing any match at objectivity. According to the ruling in the case Republic v.
their ‘home soil’. In an action to challenge the decision of the Constitutional Committee Chairman; Ex Parte Braimah II, for
executive council, Korsah highlighted the audi alteram partem this suspicion to be grounds for disqualification, it must be
rule. The learned judge held at page 117-118 that: true and substantial rather than fanciful or trivial.13. In this
‘It is well-established that anyone with the legal authority case, the applicant, a chief, invoked the supervisory powers of
to decide issues affecting citizens' rights and the the court to set aside certain orders made by the administrative
responsibility to act impartially should give adequate committee on grounds that the committee is actuated by bias
notice to those who are likely to be impacted by the as a result of their close relationship with the respondent.
proceedings or decisions so that they can prepare their own At page 1053 of the report, Annan J opined that:
case, appear at the inquiry, and make representations on ‘To succeed in this application, the applicant must establish
their own behalf or through representation.11. the existence of a real likelihood of bias or interest on the
From the authorities above, administrative bodies and part of then chairman and it is clear that a mere suspicion
public officials who exercise quasi-judicial functions and of bias is not sufficient… Thus, since the applicant does not
determine questions which affect persons, corporations, seek to establish that the respondent has a pecuniary or
associations appearing before them must give them a proprietary interest in the matter in dispute, he cannot
reasonable chance to be heard. Where such reasonable succeed without satisfying the court that the respondent’s
facilities are denied, the court shall set aside the resulting interest in the proceeding is so real and substantial and of a
judgment affecting such parties. nature as to give rise to a real likelihood of bias’14.
The cases of Sallah v Attorney General 15 and Bilson V
3. Nemo Judex in Causa Sua Akpaloo16 also spell out in clarity and in great detail the law
on judicial bias.
The prohibition against bias is the second tenet of the
natural justice rule, also known as nemo judex in causa sua. 4. Exception to the Nemo Judex Rule
This rule prevents any individual, court, or tribunal from
making a decision on a case that is essentially their own. The rule that an individual shall not be a judge in his own
Actual and likelihood of bias are two implications of this cause is subject to exceptions in some limited instances where
principle as developed by the courts that are related but there is no substitute. Where an adjudicator cannot be replaced,
distinct. natural justice would give way to necessity. For instance,
Bias may present itself in different forms namely; substitution may not be possible where a statute empowers an
1) Pecuniary interest, official to perform an official act without a substitute. In such
2) Previous involvement, a case, there would be no way of escaping the statutory
3) Friendship and animosity, or responsibility even if he has a personal interest in the matter to
4) Expression of an opinion on a legal issue. be decided. Example is the empaneling of the bench by the
A judge or member of a tribunal or administrative body is Chief Justice in the cases of Tsatsu Tsikata v Chief Justice and
in fact sitting as an adjudicator in his own cause if they are Attorney General and Akuffo Addo and Others v Quarshie
an affiliate to the dispute or have a financial or proprietary Idun and Others 17 where the court held that there was no
interest in its resolution. As in the case of Dimes v. substitute to perform the functions of the Chief Justice.
Proprietors of Grand Junction Canal, the mere existence of
a party's financial interest is sufficient to render him 5. Relevance of Natural Justice
ineligible.
Also, per the dictum of Lord Hewart in R v Sussex Justices, I would therefore attempt to analyze the relevance of natural
Ex parte McCarthy12, justice based on the reasoning of the courts in several facets of the
‘As has been stated in numerous instances, there is no doubt society, this would include its relevance in sports, immigration,
that it is crucial for justice to be served and clearly shown election and education, same is considered in seriatim.
to be served. This is not only important, it is crucial. ‘
When therefore a public officer is faced with a charge of 13 [1968] GLR 1050.
financial interest and same is proved, that automatically 14 Republic v Constitutional Committee chairman; Ex Parte Braimah II [1968]
warrants his or her disqualification or incapacity to sit and GLR 1050.
decide the matter. 15 [1970] 2 G&G 487.
16 [1981] GLR 15.
The second situation in which the principle is used is when
17 [1968] GLR 667-688.
a judge, administrative tribunal, or official does not have a 21Supra note 5, page 1.
22Accra Hearts of Oak Sporting Club v Ghana Football Association [1982-83]
GLR 111-120.
11 Hearts of Oak v Ghana Football Association [1982-83] GLR 111 at page 23Republic v High Court (Commercial Division) Accra, Ex Parte: EC (Interested
117-118 per Korsah J. party; Mr Paa Kwesi Ndoum) (J5/7/2017) [2016] GHASC 20 (07November 2016).
12 [1923] AER 233 at page 234. 24Awuni v. WAEC [2003-04] SCGLR 471.
 International Journal of Law and Society 2022; 5(4): 371-377 374

5.1. Immigration Nasir, M., Dahalan, W., and Adibah, W. S. [15] indicated that
training is usually preparation for an occupation or for specific
In the case of AG v Ryan it was held, inter alia, that: “A skills. It is job-oriented than personal. Our institutions must
decision that violates the fundamentals of natural justice is work above reproach to maintain law and order. Training
outside the purview of the decision-making authority, given to our institutions must yield the relevant results [14].
according to established legal precedent. In this case, the We still have a lot to do as a country in terms of Natural
plaintiff (now defendant) was refused registration as a citizen Justice.
of the Bahamas by the minister concerned, without being
given a fair hearing. The trial court held in his favour that in 5.2. Sports
the light of Articles 5 (2), (3) and (4) of the Bahamas
Constitution. The Attorney General appealed. The court held In Accra Hearts of Oak Sporting Club v Ghana Football
that, the minister's act was a nullity in that Ryan was entitled to Association, the plaintiff football club in a match with Dumas
fair hearing. This decision, we see from the case, was one resulted in acts of vandalism and hooliganism leading to the
which clipped the rights of the applicant, Ryan. Secondly the destruction of assets at the Accra Sports Stadium. In the
dictum bears out in the fact that, the said decision was taken by absence of evidence to the effect that the destruction was
the minister (an authority) who acted based on a law, the caused by supporters of the plaintiff club, the defendant,
Bahamas Nationality Act, 1973. single-handedly, in a press release barred the plaintiff club
Specifically, per sections 7 and 8 of the above law, allowed from playing its 'home' matches in Accra Sports Stadium until
the minister to use his discretion to determine whether or not a further notice and that its venue will be decided from time to
person was qualified to be registered. Thus, he had powers to time. The action was brought on the basis of an absence of
determine on matters affecting the rights of an individual. hearing before taking the decision.
Flowing from this the decision offended the rules of natural A decision "to ban Hearts from playing any home match at
justice that is, audi alteram partem. The facts bear testimony Accra Sports Stadium until further notice" was taken by a
that the decision to reject Ryan's application was taken decision-making body, which said decision offended the rules
without informing him of his wrong not to even contemplate of natural justice (specifically audi alteram partem) when the
giving him an opportunity to respond to the said wrongs based defendant admitted that it did not hear the plaintiff before the
on which his application was rejected by the minister. decision to ban them was taken. Korsah J, on this note said,
The court, on this issue, relied on Ridge v Baldwin to “...all judgements, which permit condemnation before behind
conclude that, the minister was bound, when taking such a the back of a man, when repugnant to this rule of natural
decision to observe the rules of natural justice. This implies justice cannot be enforced in Ghana”.
that, the minister was duty-bound to state the reasons for the In holding that the defendant acted outside of its jurisdiction,
rejection of the application and allow Ryan an opportunity to it held that although GFA had the authority to set up a
respond to or rectify those wrongs. Failing to adhere to grant committee under s. 9 (2) of the Sports Decree, 1976 (SMCD,
Ryan a fair hearing as a result of the Minster's reliance on the 54) to transfer teams to other venues if it is satisfied that its
last paragraph of s. 7 (e) of the Nationality Act, in the opinion supporters are rowdy, the committee is bound by the rules of
of the court, was inconsistent with articles 5 (2) and (3) of the natural justice to give a fair hearing to the plaintiffs. On this
Constitution of Bahamas and thus, was ultra vires since it was basis, defendant's act was thus outside of its jurisdiction and
outside the jurisdiction of the decision-making authority. Most making same a subject of judicial review by injuncting
importantly, the minister’s reliance on other reasons aside the defendants act. This case also establishes the important role
grounds as stated in s. 7 (a-e) makes his act fall outside his the rules of natural justice play in football, even though the
jurisdiction. regulations of football are different, same is still subject to the
The court further added that, grounds for disqualification principles of natural justice, which means that the principle is
must be stated in the Act such that, an applicant, beforehand, inevitable.
would know whether or not he was disqualified. In the 5.3. Election
absence of this, it is absurd to leave the determination of the
rights of a person to be registered as a citizen in the hands of In the Republic v High Court (Commercial Division) Accra,
the executive (the minister). This case therefore establishes ex parte: EC (Interested party; Mr Paa Kwesi Nduom) a
how key the rules of natural justice are and plays an important decision was taken by the Electoral Commission to omit the
role in immigrational issues. The Police are supposed to interested party’s name from the presidential lists for the 2016
maintain law and order. In many countries police are given presidential and parliamentary elections without an
support to ensure that they succeed. Some police officers in opportunity of being heard nor one to amend the said anomaly.
Ghana are doing a good job. It is disappointing how other His Lordship, Justice Eric Kyei indicated that there was a
police officers in Ghana have handled certain laws like the breach of natural justice and same was affirmed by the
Motor Taxi Law [8]. Training is a type of learning Supreme Court subsequently. A decision was taken to omit the
intervention that can improve workplace performance and name of the interested party from the list of presidential
facilitate the introduction of new job responsibilities by candidates by the EC who had the authority vested in it by law.
improving workers’ knowledge, skills and behaviours [16]. However, such decision made was outside its jurisdiction or
375 Ronald Osei Mensah: The Relevance of Natural Justice in the Decision-Making Processes of
Public Bodies and Officials in Ghana

powers since it had no authority to take a decision adversely 5.4. Education

affecting the rights of a person. More importantly, it offended
the principle of audi alteram partem rule of natural justice. The In Awuni v. WAEC, the appellants were informed by WAEC
decision, being ultra vires, was subject to judicial review through the headmaster of the school that all of their results
leading to it being quashed by the High Court and was had been canceled due to examination irregularities while they
subsequently affirmed by the Supreme Court [5]. Fair hearing were still awaiting their WASSCE results [3]. It violated the
therefore plays an important role in election processes since principles of natural justice because none of them had been
issues involving disqualification affects adversely the rights accused of cheating on an exam, tried for it, or given the
guaranteed under the Constitution. Today’s world of business chance to defend themselves, audi alteram partem rule. This
has called for complex strategies not just to improve the was held to be outside the jurisdiction of the Council since
product of the organization to the client, but also to ensure that they did not give the plaintiffs an opportunity to be heard. As a
there is proper ethical conduct among the employees for better result of the decision being made a subject of judicial review,
service delivery for organizational performance [19]. WAEC was ordered to publish the results of the plaintiffs and
Information and Communication Technology (ICT) has same held null and void.
become important tool in today’s knowledge-based society
[6]. As a result, governments and commercial establishments 6. Discussion
are increasingly relying on Internet-worked information
systems to carry out services that are critical to the In this paper, it has been deduced that natural justice falls on
administrative and business successes. Technology has in two (2) principles, that is, no man shall be sentenced without
many ways changed the way human beings interact with due process of law and that no man shall be judge in his own
their environment to the extent that it is impossible at the cause (with exception)’. People who have been wronged by
moment to imagine a world without the benefits of the execution of such acts or decisions have the right to seek
technology and digital innovations [15]. The National redress before a court or other body. Administrative bodies
Information Technology Agency is a Ghanaian public and administrative personnel must operate fairly and
institution established by Act 771 in 2008, as the ICT policy reasonably, and they must adhere to the standards imposed on
implementing arm of the Ministry of Communications. Its them by law. Acting fairly simply implies that compliance
mandate is to regulate and monitor the activities of with the rules of natural justice and compliance with the law
companies in the electronic industry of ensuring quality conferring power on the administrative body or official.
information delivery and standard of efficiency [15]. ‘Nemo Judex in Causa Sua’ should be applied strictly if we
Technology also has a role to play in these contemporary intend to practice natural justice and all forms of biases in
times because the use of the internet and computers have different ways must be avoided.
extended. Several organizations have adopted the electronic Natural Justice has therefore been relevant and is still
delivery system in their daily operations to meet customer relevant and all facets of society in our institutions not limited
service. In today's world, Information and Communication to sports, immigration, election and education,
Technology (ICT) is rapidly growing, and its influence on The principles of natural justice essentially guarantee
socio-economic happenings cannot be understated. It has justice and fairness. In the interest of justice, the courts place
pervaded almost every element of life, including business, obligations on decision-making bodies to defend the
education, civic activities, governance, and society [2]. In fundamental human rights of those who are impacted by their
terms of natural justice in elections, technology play a lot of decisions. Due to these regulations, decision-makers must be
key roles [9]. It is a known fact in this technological era that impartial, act in good faith, and give each party the chance to
every institution should have the ability to explore the present their case fully.
Technological environment [12] and this applies to all our Should administrative bodies go out of its jurisdiction in
institutions including the courts. On the other hand, the taking decisions that affects the rights of a person, such a
media is very important in terms of natural justice. The decision will be held as a nullity. The courts thus require that,
media with reference to newspapers, radio, television and the all decisions by administrative bodies against individuals must
International News Network (Internet) play a very important be taken on the basis of having duly giving the other party to
role [11]. The media, as vanguard for political, economic and be heard [18]. In the same way, when a sitting trial court
social development represent a working organism. Although asseverated that, he would show Ken Agyapong where power
many examples of the media’s negative contribution to the lies, the Supreme Court alluded to the fact that, the trial judge
escalation of violent conflicts exist, fair and accurate was prejudicial to the issue and would not fairly consider the
journalism and media circumspect is vital for the issues on its merits and that was made to recuse himself from
development of every nation and attainment of peace [13]. In the pending case [10]. This highlights how important natural
the case where the media carry out its role with justice is in the administration of justice.
professionalism, truth, fairness, and justice then the society A decision made in violation of the AAP rule may be
would not suffer but rather benefit [17]. Institutions one way subject to review under certiorari, prohibition, mandamus,
or the other relies on the media for service delivery as well as injunction, and declaration where a breach of natural justice
justice delivery. has occurred. Republic v court of appeal, Ex Parte Ghana
 International Journal of Law and Society 2022; 5(4): 371-377 376

charted institute of bankers [2011] 39 GMJ. 5) It is also recommended that the three main
Republic v inspector-general of police; Ex parte [19] 1 GLR requirements of natural justice of adequate notice, fair
127, Charles Crabbe J on the grounds of natural justice, an hearing and no bias must be strictly followed and
order of prohibition would go to I. G. P. prohibiting him and applied.
those through whom he had been acting from continuing with 6) Political interference must be eschewed in the
the proposed proceedings. Republic v. Ghana museum board; implementation of natural justice.
ex parte [1] GLR377, Mensa Boison j – plaintiff/applicant 7) Conflict of interest must be frowned upon by the
dismissed after burglary. Making sure that decisions are fair implementers of law.
and reasonable is crucial to natural justice. This refers to the 8) Decision-making bodies must defend the constitution at
general question of whether the decision-making process was all cost.
fair and proper. Particularly in light of article 23. A person's 9) The media must apply professional standards in their
claim to the right to adequate notice of the date, time, and work delivery in the support of natural justice.
location of the trial, as well as the right to detailed notification 10) Judicial review must be encouraged and enforced
of the case, may be satisfied under the principles of natural rightly at all cost.
justice. This aids in the preparation of the individual's defense
and case. Fundamentally, it takes away arbitrariness and
capriciousness and afford individual and opportunities to be References
heard and be fairly treated. For growth to be sustained in the
long run, it should be inclusive and broad based across all [1] Addaney, M., & Nyarko, M. G. (Eds.). (2017). Ghana@ 60:
Governance and human rights in twenty-first century Africa.
sectors and sections of the economy [7]. Same applies to Pretoria University Law Press.
natural justice. Its inclusive nature is very important in a
working democracy. The United Nations system, including [2] Adomako, E. K., Quansah, C., & Mensah, R. O. (2022).
United Nations Office on Drug and Crimes (UNODC), Assessing the Challenges of Information, Communication and
Technology Education in the Rural Communities of Ghana: A
opposes the use of the death penalty in all circumstances [4]. Case of Sekyere South District. Mediterranean Journal of
This is a way of ensuring natural justice in line with the Social Sciences, 13 (4), 49-61.
fundamental human rights of the person as enshrined in the
1992 Constitution of Ghana. [3] Appau, J. Y. (2011). Assessment of Damages. Induction
Course for Newly Appointed Circuit Judges at the Judicial
In a nut shell, in Ghana natural justice applies regardless of Training Institute.
the type of act. Natural justice is important in the
decision-making process of public. Natural justice promotes [4] Awudja, J. C., Mensah, R. O., Kwegyiriba, A., & Frimpong, A.
fairness by ensuring that cases that proceed to a conclusion (2021). Public Attitudes towards Death Penalty Provisions:
Relevance of Ethico-Phenomenological Principles in the
where bias is established are quashed, that is, certiorari. It is Operation of Articles 3 (3) & 19 (2) of the 1992 Republican
also important because of the bias rule, nemo judex in causua Constitution of Ghana.
sua; it ensures that adjudication is not made when there is a
reasonable suspicion of bias; administrative natural justice [5] Blanchard, S. (2014). Republic v. High Court Accra, ex parte
Attorney General. American Journal of International Law, 108
rules are incorporated into the 1992 constitution through a (1), 73-79.
combination of constitutional provision and juridical
decisions, and natural justice is recognized internationally. [6] Ennin, D., & Mensah, R. O. (2022). Cybercrime in Ghana and
Indeed, the significance of natural justice in the Victims Accounts, Mediterranean Journal of Social Sciences,
13 (3), 1-14. DOI: 10.36941/mjss-2022-0019
decision-making process for public bodies and officials
cannot be overemphasized. If the state's instruments were not [7] Frimpong, A., & Mensah, R. O. (2021). Financial Inclusion
required to carry out their duties in a fair and just manner, the and Rural Development in Ghana. Dutse International Journal
idea of the rule of law would lose its relevance. of Social and Economic Research, 6 (2), 87-93.
[8] Frimpong, A, Babah, P. A., Mensah, R. O., Obeel, C., Acquah,
A & Acheampong, J. W. (2021). The Socioeconomic
7. Recommendations for Implementation Significance of the Okada Phenomenon in Ghana and
and Practice Implications on Politics: A Comparative Analysis of the
Mahama and Akufo-Addo Eras in 2020 Electioneering
Based on the discussion above in relation to natural justice, Campaign. Journal of African Interdisciplinary Studies, 5 (2),
35-45.
the author recommends the following:
1) Rule of law should be strictly adhered to without [9] Obeng-Ayisi, E., Quansah, C., Mensah, R. O., & Acquah, A.
prejudice. (2022). An Investigation into Factors Impacting on Customer
2) Due process should be followed without any human or Decision to Adopt E-Banking: Viewpoints of GCB Customers.
Technium Soc. Sci. J., 33, 357.
institutional interference.
3) Our institutions must act fairly and reasonably. [10] Okwor, K. O. D. (2014). Nemo judex in casusa sua: A case for
4) Proper standards must be followed in compliance with the reevaluation of the composition and disciplinary powers of
what the law says. the National Judicial Council. Unpublished Masters
Dissertation. Nigeria: University of Jos.
377 Ronald Osei Mensah: The Relevance of Natural Justice in the Decision-Making Processes of
Public Bodies and Officials in Ghana

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