Judiciary-Poetry-Logo
JPoetry

AUDI ALTERAM PARTEM – WHERE OPPORTUNITY NOT USED

Dictum

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

Was this dictum helpful?

SHARE ON

FAIR HEARING INCLUDES SUFFICIENT TIME GIVEN TO PRESENT DEFENCE

Here is a case where the panel has three months within which to conduct and conclude its investigation of impeachable allegations against appellant but appellant requested for a four days adjournment on health grounds and to enable two of his witnesses attend and testify on his behalf but the panel refused the request, closed the...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

FAILURE TO USE FAIR HEARING OPPORTUNITIES GIVEN

It is settled law that when a party is given the opportunity (and in this case opportunities) to be heard and such party fails to utilize it, such party cannot hide under the umbrella of the fair hearing rule. He will fail. Again, I agree with Olu Daramola (SAN) that the position of the law...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

FAILURE TO OBSERVE FEAR HEARING VITIATES THE ENTIRE PROCEEDINGS

The law is now well settled that failure of a Court, such as the Court below in the instant appeal, to observe the right to fair hearing of a party in any proceedings before it, vitiates both the proceedings and the resultant decision of the Court whose proceedings is afflicted by the deadly, incurable and...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

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) Was this dictum helpful? Yes 0 No 0...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now
No more related dictum to show.