It is also the law that the fairness of a trial can be tested by the maxim audi alteram partem. Either party must be given an opportunity of being heard, but where a party refuses to take advantage of the opportunity to traverse specific allegations made against him, the averments will be deemed admitted and the defendant cannot complain of lack of fair hearing.
— O. Oyebiola, J. Yakubu v. FRCN (2016) – NIC/LA/673/2013
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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...
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...
However, the requirement that a person should be offered opportunity to defend himself after being charged need not necessarily be in the form of a trial involving oral testimonies i.e. examination-in-chief and cross examination. What is required is to afford him the opportunity to rebut, correct or contradict what is alleged against him. The principle...
Para. 53: “The Court recognizes the principles of Audi alteram partem (hear the other side) which requires that persons affected by an adverse position must be given an opportunity to make representation. The right to be heard by its own nature connotes an opportunity to be heard within a reasonable time by an impartial court or Tribunal. This right is not limited to a one on one verbal representation but encompasses every avenue accorded to a party to be heard in a matter. This Court 18 reiterated the principle that parties must be given an opportunity to be heard in any matter affecting their interest in the following words: “the right to fair hearing is a human right derived from the concept of fair hearing, in this regard, a fair trial is not only seen as an additional instrument for protection of the rights of defence largo sensu…..” See MOHAMMED TAYYIB BAH V. REP OF SIERRA LEONE JUD NO: ECW/CCJ/JUD/11/15, (Unreported) in its consideration relied on the case of Ugokwe v. Okeke (2008), CCJELR pg. 149@ 146.”
— Uuter Dery v Republic of Ghana (2019) – ECW/CCJ/JUD/17/19
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...
Further, the Appellant alleged lack of fair hearing, to this I would say that the allegation was not substantiated. It is not enough to waive the flag of lack of fair hearing and nothing more. Fair hearing is a two way traffic which both parties ought to enjoy or entitled to. The Respondent in the...
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