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WHERE PRINCIPLES OF NATURAL JUSTICE IS BREACHED, DECISION WILL BE NULLIFIED NO MATTER HOW WELL CONDUCTED

Dictum

In Salu v. Egeibon (1994) 6 NWLR (Pt.348) 23 at 44, this court held as follows:- “It also has to be remembered that the denial of fair hearing was a breach of one of the rules of natural justice, that is, the requirement that a party must be given a fair hearing. The consequence of a breach of the rule of natural justice of fair hearing is that the proceedings in the case are null and void… If a principle of natural justice is violated, it does not matter whether if the proper thing had been done, the decision would have been the same; the proceedings will still be null and void. In other words, if the principles of Natural justice are violated in respect of any decision, it is immaterial, whether the same decision would have been arrived at in the absence of the departure from the essential principles of justice. The decision must be declared to be no decision. See also Ndakauba v. Kolomo (2005) 4 NWLR (pt.975) 411 at 430 – 431 paras H – D.

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