By Evarist Baimu Nyaga Mawalla - Home

another remedy against that decision. By the phrase “another remedy’ there iscarsaged the right to judicial review. But there can be no judicial review if thedecision – maker has not given the reasons for his decision. As Lord Upjohnobserved in the case of Padfield Vrs Minister of Agriculture, Fisheries and Food:(1968) A.C 997 at P. 1061‘.if he does not give any reason for his decision a court may be at liberty tocome to the conclusion that he had no good reason for reaching that conclusion’.No dlubt the absence of reasons would render the constitutional right to appealor judicial review ineffective and illusory. Conserquently there is an implicitobligation to give reasons in order to facilitate and render meanng the exercise ofthe right of appeal and judicial review,. Our Constitution in art. 13 (6) (a) musthave intended the constitutional right of appeal and judicial review to be aneffective right and that the President by keeping silent cannot defeat the citizen’sconstitutional right. To hold otherwise would been that the President could inalmost every case, tender the right of aapeal and judicial review completelynugatory-see the decision of the every council in the case of Minister of NationalRevenue Vrs. Wright’s Canadian Repees Ltd ; 1947 A.CI 109 at P. 123. Ifreasons are not given for a decision by the President that will render it virtuallyimpossible for the courts to perform their function of judicial review. If the basisand reasons for the impugned decision are not articulated it is difficult for areviewing curt to adjudge the validity of the decision. The courts cannot exercisetheir duty to revbiew unless they are advised of the considerations underlying theaction under review. That is the common law rule also all ober thecommonwealth – see in the Matter of Amir Hanza Umar and the Minister for localGovernment:Mwanza High Court. Misc. Civil Case No. 9/1989; and Osward Vrs. Publicservice Board; 1985 L.R.C. (Cost.) 1041 by Court of Appeal of Now South Wales(Australia).Another reason for requiring disclosure of reasons for retiring in public interest, isto ensure proper application of mind, to reduce the possibility of casualness andcapricisnous. In brief to maintain the integrity of the decision-making process.The compulsions of disclosure of the public interest involved guaranteesconsideration an introduces clarity. If reasons for an order are given there will beless scope for arbitrary or partial exercise of powers and the order ex-facie willindicate whether extraneous circumstances were taken into consideration by thePresident in reaching his decision. That will be an effective restraint on abuse ofpower.In addition to imposing a healthy discipline on the decision-maker, publicconfidence in the decision-making process is by the knowledge that acceptablereasons have to be given by those who exercise administrative power. Besideseven if the decision is adverse, the person affected may be convinced by thereasons to accept it as a reasonable and far exercise of discretionary power.454