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THE FUNDAMENTALISM OF FAIR HEARING – STATUTORY AND CONSTITUTIONAL

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Now it has been held that the principle of or doctrine of fair hearing in its statutory and constitutional form is derived from the principle of natural justice under the twin pillars of audi alteram partem and nemo judex in causa sua. The principle of fair hearing is fundamental to the administration of justice as enshrined under Section 36 of the 1999 Constitution (as amended). It hinges on the conduct of a hearing which is fair to both parties to the suit and without bias or partiality in favour or against either of them who will thereby be prejudiced. See Ude v. State (2012) LPELR 14193 (CA); Uguru v. The State (2002) 9 NWLR (Pt. 771) 90; Newswatch Communications (CA) v. Attah (2006) 12 NWLR (Pt. 993) 144; Ovunwo v. Woko (2011) 6 SCNJ (Pt. 1) 124; Nosepetco Oil and Gas Ltd v. Olorunimbe (2012) 10 NWLR (Pt. 1307) 115. In Egbuchu v. Continental Merchant Bank Plc (2016) NWLR (Pt. 1513) 192 at 207, the apex Court held inter alia that: “The Constitutional provision for fair hearing mainly stems or germinates from two common law principles of natural justice. They are audi alteram partem and nemo judex in causa sua. The meaning of the Latinism is, hear the other party; hear both sides. No man should be condemned unheard. What the rule or doctrine of fair hearing means is that the parties must be given equal opportunity to present their case to the Court and no party should be given more opportunity or advantage in the presentation of his case.” See also Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423. The issue of fair hearing is so fundamental and germane that any proceeding conducted without fair hearing amounts to a nullity and is bound to be set aside. See Tsokwa Motors (Nig) Ltd v. UBA Plc (2008) 2 NWLR (Pt. 1071) 347; Egbuchu v. Continental Merchant Bank Plc supra; Adigun v. Oyo State (1987) 1 NWLR (Pt. 53) 678.

— S.C. Oseji, JCA. Access Bank v Edo State BIR (2018) – CA/B/333/2015

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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

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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

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ONE CANNOT BE A WITNESS AND A JUDGE AT THE SAME TIME

This submission is incontestible. The Deputy Vice-Chancellor cannot be a witness and a judge all at the same time. The likelihood of bias is a necessary inference from the assumption of the two positions. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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FAIR HEARING IS SYNONYMOUS WITH FAIR TRIAL

Fair hearing has been interpreted by the courts to be synonymous with fair trial and as implying that every reasonable and fair minded observer who watches the proceedings should be able to come to the conclusion that the court or other tribunal has been fair to all the parties concerned.

– Ejiwunmi JSC. Unibiz v. Lyonnais (2003)

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ONE MUST BE GIVEN THE CHANCE TO EXCULPATE HIMSELF

It is my considered view that after the Disciplinary Investigation Panel had completed its investigation, each of such students against who disciplinary action was contemplated must be informed of the available evidence against him and in addition given reasonable opportunity of exculpating himself. It is essential that in the exercise, the Vice Chancellor must observe the principles of impartiality and fairness. – Coker, J.S.C. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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FAIR HEARING LIES IN THE PROCEDURE USED NOT THE DECISION ITSELF

The apex court had stated the position of the law succinctly thus:- “Fair hearing lies in the procedure followed in the determination of the case and not in the correctness of the decision. It is synonymous with trial and implies that every reasonable and fair-minded observer who watches the proceedings should be able to come to the conclusion that the court has been fair to all the parties”. (Italics mine, for emphasis) Magna Maritime Services Ltd v. Oteju (2005) All FWLR (Pt. 270) 1995, (2005) LRCN Vol. 128 1497 at page 152; per Edozie JSC Kotoye v. C.B.N. (1989) 1 NWLR (Pt. 98) 419 at 444; State v. Onagoruwa (1992) 7 LRCN 194.

— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)

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