AN ANALYSIS OF ADMINISTRATIVE APPEALS IN THE NIGERIAN JUSTICE SYSTEM

Administrative Agencies are an integral part of the workings of the executive arm of government in a democratic society. Their actions and decisions have significant bearing on the workings of each arm of government notwithstanding the concept of separation of powers. Persons aggrieved by decisions of administrative agencies ordinarily ought to be able to challenge the decision of the administrative agency and have the issues resolved by exhausting available local remedies without necessarily proceeding to Court. However, majority of administrative agency decisions are immediately challenged in Court by aggrieved persons without exhausting the administrative appeal process. What could be responsible for this disregard for established administrative appeals procedure? Why would ‘aggrieved persons prefer to litigate in Court than plead their case with the administrative agency? This paper employs a doctrinal approach in reviewing administrative appeals in seeking to analyse the reason for the increase in the number of cases challenging decisions of administrative agencies in Court thereby immensely contributing to the slow dispensation of justice in Nigeria. The paper comparatively examines our extant legal regulatory framework for administrative appeals vis-a-vis that of the United Kingdom and the United States of America drawing notable lessons from the administrative appeals procedure in both jurisdictions. The paper finds that there is a lack of confidence in justice delivery by administrative tribunals in Nigeria occasioned by a perceived lack of independence of administrative agencies. The paper also finds that the current process of administrative appeals in Nigeria is obsolete when compared to systemic developments in the United Kingdom and United States of America. The paper recommends the passing of a uniformlegislation to set guidelines for administrative procedure inNigeria. It also recommends the creation of special administrativecourts to harmonize the administrative appeals process and createa transparent process for the challenge of administrative decisionsby aggrieved persons in Nigeria.