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FAIR TRIAL – RECOURSE TO SUPRA NATIONAL COURT

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Dictum

In the Case Concerning Bryan v. United Kingdom, 22 November 1995, paragraph 44, the European Court held that “A fair trial is a right which does no more than enable an aggrieved person to have recourse to a supra national court, so that the one who governs him may be condemned if the proof of a violation of his rights is established; the court must have jurisdiction to examine the points of fact and of law in the case which has come before it, in order that it may reform it…”

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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...

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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...

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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 Was this dictum...

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FAIR HEARING BEING SO FUNDAMENTAL MUST BE RAISED IN GOOD FAITH

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...

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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...

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