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FAIR HEARING IS TO BE JUDGED BY THE NATURE AND CIRCUMSTANCES OF THE CASE

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Dictum

The question of fair hearing is not just an issue of dogma. Whether or not a party has been denied of his right to fair hearing is to be judged by the nature and circumstances surrounding a particular case; the crucial determinant is the necessity to afford the parties equal opportunity to put their case to the court before the court gives its judgment. In the instant case, there has been no complaint that the respondents were granted advantages or special favours in the presentation of their case which were denied to the appellants. 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 a complaint is made has been generally fair on the basis of equality to all the parties before it.

— A. Oguntade, JSC. Pam & Anor. V Mohammed (2008) – SC.238/2007

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FAIR HEARING MUST BE OBSERVED – FAIR HEARING IS A MATTER OF FACT

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

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AUDI ALTERAM PARTEM – WHERE OPPORTUNITY NOT USED

It is also the law that the fairness of a trial can be tested by the maxim audi alteram partem. Either party must be given an opportunity of being heard, but where a party refuses to take advantage of the opportunity to traverse specific allegations made against him, the averments will be deemed admitted and the defendant cannot complain of lack of fair hearing.

— O. Oyebiola, J. Yakubu v. FRCN (2016) – NIC/LA/673/2013

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CARDINAL PRINCIPLE OF FAIR HEARING IS SACROSANCT

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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FAIR HEARING INCLUDES A PARTY’S RIGHT TO CROSS-EXAMINE

There is no doubt that the well-settled position is that in order to be fair, “hearing” or “opportunity to be heard” must, inter alia, encompass a party’s right to cross-examine or otherwise confront or contradict all the witnesses who testified against him.

– Ogunwumiju JSC. Junaidu v. State (2021)

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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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FAIR HEARING IS SYNONYMOUS WITH FAIR TRIAL

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)

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