NOT ALL FAILURE TO PRONOUNCE ON ALL ISSUES WILL RESULT IN BREACH OF FAIR HEARING

NATURE OF FAIR HEARING

Pam v. Mohammed (2008) LPELR-2895(SC), 26-27, per Oguntade, J.S.C., held as follows – “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 … It is wrong and improper to approach the meaning of fair hearing by placing reliance on any a priori assumptions as to its technical requirements. The simple approach is to look at the totality of the proceedings before the Court and then form an opinion on objective standards whether or not an equal opportunity has been afforded to parties to fully ventilate their grievances before a Court. The principle of fair hearing cannot be applied as if it were a technical rule based on prescribed prerequisites. It seems a sufficient satisfaction of the principle if parties were afforded an equal opportunity without any inhibition to put across their case.”

FAIR HEARING IS NOT A SPARE PART

Adebayo v. AG, Ogun State (2008) LPELR – 80 (SC) 23 – 24 “I have seen in recent times that parties who have bad cases embrace and make use of the constitutional provision of fair hearing to bamboozle the adverse party and the Court, with a view to moving the Court away from the live issues in the litigation. They make so much weather and sing the familiar song that the constitutional provision is violated or contravened. They do not stop there. They rake the defence in most inappropriate cases because they have nothing to canvass in their favour in the case. The fair hearing provision in the Constitution is the machinery or locomotive of justice; not a spare part to propel or invigorate the case of the user. It is not a casual principle of law available to a party to be picked up at will in a case and force the Court to apply it to his advantage. On the contrary, it is a formidable and fundamental constitutional provision available to a party who is really denied fair hearing because he was not heard or that he was not properly heard in the case. Let litigants who have nothing useful to advocate in favour of their cases, leave the fair hearing constitutional provision alone because it is not available to them just for the asking.”

CARDINAL PRINCIPLE OF FAIR HEARING IS SACROSANCT

My lords, the point needs to be re-iterated again and again that the cardinal principle of fair hearing whether in relation to a civil or criminal matter is so sacroscent. The Latin maxim puts it this way: “Audi Alteram Partem” i.e. let the other party be heard. It simply means: hear the other side(s) in a dispute before reaching a decision. It is a constitutional requirement (Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This Court made several pronouncements that the principle of fair hearing has been incorporated in our jurisprudence that a man cannot be condemned without being heard. The principle is applicable in all cases in which a decision is to be taken in any matter, whether in a judicial, quasijudicial or even in purely administrative proceeding involving a person’s interest in a property, right or personal liberty. Let the other party be heard! See: Adigun v. AG Oyo State (1997) ? NWLR (Pt. 678) page; Oyeyemi v. Commissioner of Local Government, Kwara State & Ors (1993) 6 NWLR (Pt. 299) 344.

— I.T. Muhammad, JSC. FRN v Maishanu (2019) – SC.51/2015

FAIR HEARING APPLIES FROM THE BEGINNING TO THE END OF THE TRIAL

From its tenor, therefore, the Court is required to conduct the trial or hearing of a case with all fairness to both parties to the suit and without bias or partiality in favour of, or against either party. That is the rationale for the prescription that a complaint of breach of fair hearing is usually against the Court or Tribunal, whether the parties before the Court were afforded equal opportunity to fully ventilate their grievance. Okanlawon v. State (2015) LPELR-24838 (SC) 52-53; E-B; Peters Pam and Anor v. Mohammed and Anor (2008) 5-6 SC (Pt. 1) 83; Deduwa v. Okorodudu (1976) NMLR 236, 246; 9-10 SC 329. Such is its primacy in our administration of justice that no decision can be regarded as valid unless the trial Judge or Court has heard both sides in the conflict. State v. Onagoruwa (1992) LPELR -3228 (SC) 33; D-E; Deduwa v. Okorodudu (supra). This test of fair hearing applies once a trial has commenced, after issue has been joined, State v. Onagoruwa (supra); nay more, it applies from the beginning to the end of the trial. Oyewole v. Akande and Anor (2009) LPELR-2879 (SC) 36-37; Deduwa v. Okorodudu (1976) 9 -10 SC 329; News Watch Comm. Ltd. v. Attah (2006) 12 NWLR (Pt. 993) 144; A. G Rivers State v. Ude (2006) 17 NWLR (Pt. 1008) 436.

— C.C. Nweze JSC. Onuwa Kalu v. The State (SC.474/2011, 13 Apr 2017)

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