Fair hearing has been interpreted by the courts to be synonymous with fair trial and as implying that every reasonable and fair minded observer who watches the proceedings should be able to come to the conclusion that the court or other tribunal has been fair to all the parties concerned.
– Ejiwunmi JSC. Unibiz v. Lyonnais (2003)
SHARE ON
There are certain basic criteria and attributes of fair hearing, some of which are relevant in this case. These include: (i) that the court shall hear both sides not only in the case but also in all material issues in the case before reaching a decision which may be prejudicial to any party in the case. See Sheldon v. Bromfield Justices (1964) 2 QB. 573, at p. 578. (ii) that the court or tribunal shall give equal treatment, opportunity and consideration to all concerned. See on this: Adigun v. A.-G., Oyo State and Ors. (1987) 1 NWLR (Pt. 53) 678. (iii) that the proceedings shall be held in public and all concerned shall have access to and be informed of such a place of public hearing and (iv) that having regard to all the circumstances, in every material decision in the case, justice must not only be done but must manifestly and undoubtedly be seen to have been done: R. v. Sussex Justices, ex-parte McCarthy (1924) 1KB 256, at p. 259; Deduwa and Ors. v. Okorodudu (1976) 10 SC 329.
– Ejiwunmi JSC. Unibiz v. Lyonnais (2003)
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
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)
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 be construed outside the facts.
– Niki Tobi JSC. Gbadamosi v. Dairo (2007)
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 the parties or indeed how meticulous the proceedings were conducted or even how sound the resultant judgment was on the merit, they are all a nullity. However, it must be pointed out at once that the issue of fair hearing must be raised with all seriousness and in good faith. It must never be raised in bad faith or merely intended as a red herring to raise a storm in a teacup without any factual basis. See Agbogu V. Adiche (2003) 2 NWLR (Pt. 805) 509@ p. 531. See also Agbapuonwu V. Agbapuonwu (1991) 1 NWLR (Pt. 165) 33 @p.40; Adegbesin V. The State (2014) 9 NWLR (pt. 1413) 609 @pp. 641 – 642.
— B.A. Georgewill, JCA. UBA v. Ashimina (2018) – CA/L/1033/2014
Fair hearing within the meaning of section 33(1) of the 1979 Constitution means a trial conducted according to all the legal rules formulated to ensure that justice is done to the parties. It requires the observance of the twin pillars of the rules of natural justice namely a udi alteram partem and nemo judex in causa sua.
– Muhammad JCA. Osumah v. EBS (2004)
Click the icons to like, follow, and join JPoetry