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FAIR HEARING BEING SO FUNDAMENTAL MUST BE RAISED IN GOOD FAITH

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My lords, so fundamental and crucial is the right to fair hearing of the citizen before all Courts of the land that a failure by a Court to observe it in the litigation processes would invariably vitiate both the proceedings and judgment of such a Court, notwithstanding the merit or otherwise of the cases of the parties or indeed how meticulous the proceedings were conducted or even how sound the resultant judgment was on the merit, they are all a nullity. However, it must be pointed out at once that the issue of fair hearing must be raised with all seriousness and in good faith. It must never be raised in bad faith or merely intended as a red herring to raise a storm in a teacup without any factual basis. See Agbogu V. Adiche (2003) 2 NWLR (Pt. 805) 509@ p. 531. See also Agbapuonwu V. Agbapuonwu (1991) 1 NWLR (Pt. 165) 33 @p.40; Adegbesin V. The State (2014) 9 NWLR (pt. 1413) 609 @pp. 641 – 642.

— B.A. Georgewill, JCA. UBA v. Ashimina (2018) – CA/L/1033/2014

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FAIR HEARING IS TO BE JUDGED BY THE NATURE AND CIRCUMSTANCES OF THE CASE

The question of fair hearing is not just an issue of dogma. Whether or not a party has been denied of his right to fair hearing is to be judged by the nature and circumstances surrounding a particular case; the crucial determinant is the necessity to afford the parties equal opportunity to put their case to the court before the court gives its judgment. In the instant case, there has been no complaint that the respondents were granted advantages or special favours in the presentation of their case which were denied to the appellants. A complaint founded on a denial of fair hearing is an invitation to the court hearing the appeal to consider whether or not the court against which a complaint is made has been generally fair on the basis of equality to all the parties before it.

— A. Oguntade, JSC. Pam & Anor. V Mohammed (2008) – SC.238/2007

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FAIR HEARING IS TRIAL ACCORDING TO ALL LEGAL RULES

The law is indeed well settled that fair hearing within the meaning of Section 36(1) of the Constitution of Federal Republic of Nigeria, 1999 (as amended), means a trial or hearing conducted according to all legal rules formulated to ensure that justice is done to the parties. It requires the observation or observance of the twin pillars of the rules of natural justice, namely audi alterem partem and nemo judex in causa sua. These rules, the obligation to hear the other side of a dispute or the right of a party in dispute to be heard, is so basic and fundamental a principle of our adjudicatory system in the determination of disputes that it cannot be compromised on any ground. See Per PETER-ODILI, JSC in EYE v. FRN (2018) LPELR-43599(SC) (P. 28-30, PARA. A).

— U.M. Abba Aji, JSC. State v. Andrew Yanga (SC.712/2018, 15 Jan 2021)

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THE FAIR HEARING OF A PERSON CANNOT BE WAIVED BY ANOTHER

I cannot agree with the view of the learned Respondent’s counsel that the Appellant’s counsel compromised the right of the Appellant and thus the Appellant cannot complain. The right to fair hearing cannot be waived or compromised as it is not donated but inherent for the person involved.

– Ogunwumiju JSC. Junaidu v. State (2021)

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FAIR HEARING INCLUDES A PARTY’S RIGHT TO CROSS-EXAMINE

There is no doubt that the well-settled position is that in order to be fair, “hearing” or “opportunity to be heard” must, inter alia, encompass a party’s right to cross-examine or otherwise confront or contradict all the witnesses who testified against him.

– Ogunwumiju JSC. Junaidu v. State (2021)

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FAIR TRIAL – RECOURSE TO SUPRA NATIONAL COURT

In the Case Concerning Bryan v. United Kingdom, 22 November 1995, paragraph 44, the European Court held that “A fair trial is a right which does no more than enable an aggrieved person to have recourse to a supra national court, so that the one who governs him may be condemned if the proof of a violation of his rights is established; the court must have jurisdiction to examine the points of fact and of law in the case which has come before it, in order that it may reform it…”

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DENIAL OF FAIR HEARING RENDERS PROCEEDINGS NULL & VOID

There is a plethora of authorities of this Court on the effect of a breach of the right to fair hearing. It is fundamental. It is a breach of one of the twin pillars of natural justice, “audi alteram partem,” meaning, “let the other side be heard”, the other being “nemo judex in causa sua” meaning “a person should not be a judge in his own cause.” A denial of fair hearing renders the affected proceedings and any order, ruling or judgment therein, null and void. See: Adigun Vs A.G. Oyo State (1987) 1 NWLR (Pt. 53) 678; Salu Vs Egeibon (1994) 6 NWLR (Pt. 348) 23 @ 44; Bamgboye Vs Unilorin (1999) 10 NWLR (Pt. 622) 290 @ 333; NUT, Taraba State & Ors Vs Habu & Ors (2018) LPELR – 44057 (SC) @ 13 – 14 D – A; Zenith Plastics Industries Ltd. Vs Samotech Ltd. (2018) LPELR 44056(SC) @ 13 – 14 D – F.

— K.M.O. Kekere-Ekun JSC. Umeano v. Anaekwe (SC.323/2008, Friday January 28 2022)

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