WHEN FAIR HEARING IS BREACHED, PROCEEDING BECOMES A NULLITY

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.”

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)

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

FAIR HEARING CONSTRUED IN RELATION TO FACT OF CASE

Fair hearing is not expression of mere rhetoric or empty verbalism but a fundamental right of the individual guaranteed in the Constitution, the breach of which will nullify the proceedings in favour of the victim. The constitutional guarantee is construed in the light of the facts of the case and the facts alone. It cannot be construed outside the facts.

– Niki Tobi JSC. Gbadamosi v. Dairo (2007)

FAIR HEARING APPLIES TO QUASI JUDICIAL BODIES

It is the very antithesis of justice to agree to the suggestion that a quasi-judicial body like the LPDC should not obey the rules of fair hearing.

– Ogunwumiju JSC. Gbenoba v. LPDC (2021)