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
It seems fairly settled now that the exercise of disciplinary powers may import a power to act judicially in accordance with natural justice. In higher educational institutions, if the penalty imposed or liable to be imposed is severe, the disciplinary proceedings have to be in accordance with the principles of natural justice. – Nnamani, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550
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)
My lords, in considering these issues, I bear in mind that they deal frontally with the fundamental issue of the observance of the right to fair hearing in the determination of the civil rights and obligations of the citizen, including corporate legal entity, by Courts and tribunals and even quasi judicial bodies to ensure that decisions are not reached without a due hearing of the parties. However, an allegation of denial of the right to fair hearing, as grave as it could be and the dire consequences it could have on the proceedings and decision of a Court if proved, does not operate in a vacuum but is dependent on the facts and circumstances of each given case. In other words, whether the right to fair hearing was breached or not is a question of facts to be determined squarely on the facts and circumstances placed before the appellate Court since the law is that each case of allegation of breach of the right to fair hearing must be decided on the peculiar facts and circumstances of each case. This is so because fair hearing is primarily a matter of fact. It is only when the facts are ascertained that the law would be applied to the facts so established to see whether or not such established facts constitute a breach of the party’s right to fair hearing. See Newswatch Communications Limited V. Alhaji Ibrahim Atta (2006) 12 NWLR (Pt. 993) 144.
— B.A. Georgewill, JCA. UBA v. Ashimina (2018) – CA/L/1033/2014
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
A complaint founded on a denial of fair hearing is an invitation to the Court hearing the Appeal to consider whether or not the Court against which the complaint is made, has been generally fair on the basis of equality to all the parties before it. Counsel has not indicated or shown in what circumstances the Appellant was denied fair hearing. It is not enough for Counsel to say that the right to fair hearing was breached in a matter; he must show such by the evidence available and the circumstances of such breach. And the evidence must be that the party was not given an opportunity to state his case which he wanted to state in his own way. As was rightly submitted by learned Counsel for the Respondent, fair hearing is not a technical doctrine, but a rule of substance.
– Sankey JCA. Abdul v. State (2021)
The proceedings before the Disciplinary Investigation Panel in this case are vitiated from two angles. Firstly the Panel lacked the constitutional and legal competence to undertake the inquiry and arrive at a conclusion that the Appellants were the culprits in serious criminal offences of Arson, Malicious Damage and Indecent Assault. Secondly, the incompetent inquiry which it conducted was further vitiated by its failure to accord the appellants fair hearing either under the rules of natural justice or under the provisions of Section 33 of the 1979 Constitution.
– Oputa, J.S.C. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550
Click the icons to like, follow, and join JPoetry