NATURAL JUSTICE ENTAILS BEING ALLOWED TO REBUT ALLEGATIONS ALLEGED

DECISION VOID WHERE NATURAL JUSTICE IS ABSENT

Adigun v. Attorney- General of Oyo State (1987) 2 NWLR (Pt. 56) 197 where the Supreme Court stated: “If the principles of natural justice are violated in respect of any decision, it is indeed immaterial, whether the same decision would have been arrived at in the absence of the departure from the essential principles of justice. The decision must be declared as no decision.”

ANYONE CHARGED OF A CRIMINAL OFFENCE MUST BE GIVEN FAIR HEARING

Assault is an offence under section 265 of the Penal Code. Stealing or theft is an offence under sections 287 and 288 of the Penal Code. Robbery is an offence under section 298 of the Penal Code. House Trespass is an offence under section 352 of the Penal Code. Arson or mischief by fire is an offence under section 337 of the Penal Code. These are all serious offences, which carry heavy punishment under the Penal Code. Any person found guilty of any of them will have his reputation and name tarnished and stigmatised for life. It is therefore clear why the right to fair hearing within a reasonable time by a court or tribunal is given to any person charged.

– Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

RULES OF NATURAL JUSTICE MUST BE OBSERVED

The rules of natural justice must be observed in any adjudication process by any court or tribunal established by law. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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)

NATURE OF AUDI ALTERAM PARTEM

The audi alteram partem rule stipulates that each party must be given an opportunity of stating his case and answering if he can any arguments put forward against it. See Cooper v. Wandsworth Board of Works 14 C.B. (N.S.) 180. The rule requires that a person liable to be directly affected by proposed administrative acts, decisions or proceedings be given adequate notice of what is proposed so as to give him an opportunity to make representations, and effectively prepare his own case and to answer the case he has to meet. It is therefore essential that the person involved be given prior notice of the case against him so that he can prepare to meet that case. – Nnamani, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550