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CARDINAL PRINCIPLE OF FAIR HEARING IS SACROSANCT

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My lords, the point needs to be re-iterated again and again that the cardinal principle of fair hearing whether in relation to a civil or criminal matter is so sacroscent. The Latin maxim puts it this way: “Audi Alteram Partem” i.e. let the other party be heard. It simply means: hear the other side(s) in a dispute before reaching a decision. It is a constitutional requirement (Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This Court made several pronouncements that the principle of fair hearing has been incorporated in our jurisprudence that a man cannot be condemned without being heard. The principle is applicable in all cases in which a decision is to be taken in any matter, whether in a judicial, quasijudicial or even in purely administrative proceeding involving a person’s interest in a property, right or personal liberty. Let the other party be heard! See: Adigun v. AG Oyo State (1997) ? NWLR (Pt. 678) page; Oyeyemi v. Commissioner of Local Government, Kwara State & Ors (1993) 6 NWLR (Pt. 299) 344.

— I.T. Muhammad, JSC. FRN v Maishanu (2019) – SC.51/2015

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NOT ALL FAILURE TO PRONOUNCE ON ALL ISSUES WILL RESULT IN BREACH OF FAIR HEARING

Now while a Court has a duty to pronounce on all the key issues in a matter, it is not every failure of a Court to pronounce on issues that would constitute a breach of fundamental right to fair hearing. See: C.N. OKPALA & SONS LTD v. NB PLC (2017) LPELR-43826(SC); FODE DRILLING (NIG) LTD v. FABBY & ORS (2017) LPELR-42822(CA); and SAIPEM CONTRACTING (NIG) LTD & ORS v. FIRS & ORS (2018) LPELR-45118(CA).

— J.Y. Tukur, JCA. Fani-Kayode v. FRN & Ors. (2019) – CA/L/722C/2018

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EFFECT OF A DENIAL OF FAIR HEARING

The term ‘fair hearing’ is in most cases synonymous with fair trial and natural justice, an issue which clearly is at the threshold of our legal system and thus once there has been a denial of fair hearing the whole proceedings automatically becomes vitiated. A denial of fair hearing can ensure from the conduct of the Court in the hearing of a case or in the judgment of the court. However, the true test of fair hearing is the impression of a reasonable person who was present at the trial whether from the observation justice has been done in the case.

– PER B.A. Georgewill, J.C.A. ZENITH BANK PLC v. WAILI (2022) – CA/A/964/2020

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FAILURE TO GIVE FAIR HEARING DOES NOT AUTOMATICALLY LEAD TO A MISCARRIAGE OF JUSTICE

On whether the court below was right when it failed to consider and pronounce upon all the issues submitted to it by the appellant for its determination, I agree with the submission of the appellant’s Counsel that the court below failed to consider and pronounce upon the second issue for determination submitted by the appellant in that court. However, I am unable to hold that the failure to do so led to any miscarriage of justice in the circumstances of the case. There was also no denial of fair hearing as enshrined in Section 33 of 1979 Constitution. Failure to consider and pronounce on all issues submitted to a court or tribunal will not, per se, amount to a denial of a right to fair hearing having regard to the judicial decisions on the principle. In some cases, it may occasion failure of justice which amounts to denial of fair hearing and in others as is the case in the present proceedings, it will not. See Kotoye v Central Bank of Nigeria & others (1989) 1 NWLR (Part 98) 419.

— Ogwuegbu, JSC. Bamaiyi v State (SC 292/2000, Supreme Court, 6th April 2001)

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DECISION VOID WHERE NATURAL JUSTICE IS ABSENT

Adigun v. Attorney- General of Oyo State (1987) 2 NWLR (Pt. 56) 197 where the Supreme Court stated: “If the principles of natural justice are violated in respect of any decision, it is indeed 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 as no decision.”

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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

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NATURE OF AUDI ALTERAM PARTEM

The audi alteram partem rule stipulates that each party must be given an opportunity of stating his case and answering if he can any arguments put forward against it. See Cooper v. Wandsworth Board of Works 14 C.B. (N.S.) 180. The rule requires that a person liable to be directly affected by proposed administrative acts, decisions or proceedings be given adequate notice of what is proposed so as to give him an opportunity to make representations, and effectively prepare his own case and to answer the case he has to meet. It is therefore essential that the person involved be given prior notice of the case against him so that he can prepare to meet that case. – Nnamani, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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