Abstract
Administrative fines, particularly for environmental offences, have become one of the very effective tools employed by regulatory agencies in ensuring deterrence from infractions of prescribed regulations. In the same vein, there is a growing concern as to the constitutionality of the power of administrative agencies to award fines. There is also the query that administrative bodies do not feel bound to adhere to the principle of fair hearing some of the time. Cases seeking to overturn decisions of administrative agencies over the arbitrariness and illegalities perpetrated in their proceedings without recourse to the Constitution and the principles of natural justice abound in Nigeria. Unfortunately, the Court of Appeal appears divided on the issue leaving the law uncertain. Advocates, on the other hand, have explored the uncertainty by relying on which side of the law is in favour of their claims. The article therefore is a critical examination of the arguments on both sides of the coin. The article leans in favour of administrative bodies having the power to award fines by distinguishing some of the major decisions. The basis for this conclusion is that the award of civil fines by environmental agencies is a potent instrument, particularly, for ensuring compliance with environmental protection laws and, unlike criminal sanctions, do not require recourse to court if the administrative body is empowered by law to impose and enforce fines. The article calls on the Supreme Court of Nigeria whenever it has the opportunity of resolving this conundrum to give credence to the distinction between civil and criminal fines. While administrative regulatory agencies cannot impose criminal fines, they can enforce civil penalties.
Authors: Ejomafuvwe Taiga, Brown Etareri Umukoro
