The composition of the Disciplinary Committee is intrinsic to the fulfilment of the requirements of Section 36 of the Constitution that guarantees fair hearing to the accused. Where the panel is constituted in such a way that it affects a person’s right to fair hearing, whatever decision is reached by such a panel will result in a nullity.
– Abdu Aboki JSC. Gbenoba v. LPDC (2021)
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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)
The apex court had stated the position of the law succinctly thus:- “Fair hearing lies in the procedure followed in the determination of the case and not in the correctness of the decision. It is synonymous with trial and implies that every reasonable and fair-minded observer who watches the proceedings should be able to come to the conclusion that the court has been fair to all the parties”. (Italics mine, for emphasis) Magna Maritime Services Ltd v. Oteju (2005) All FWLR (Pt. 270) 1995, (2005) LRCN Vol. 128 1497 at page 152; per Edozie JSC Kotoye v. C.B.N. (1989) 1 NWLR (Pt. 98) 419 at 444; State v. Onagoruwa (1992) 7 LRCN 194.
— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)
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
Further, the Appellant alleged lack of fair hearing, to this I would say that the allegation was not substantiated. It is not enough to waive the flag of lack of fair hearing and nothing more. Fair hearing is a two way traffic which both parties ought to enjoy or entitled to. The Respondent in the present case was entitled to be heard before an order that affects him should be made and having been made ex – parte, the Respondent was entitled to have it reviewed by the trial court after other facts with exhibits in support were made known to the lower court as deposed in the affidavit in support of the application to set aside the ex – parte order before the expiration of the 120 days granted. See, MFA & ORS VS. INONGHA (2014) (supra). If the Appellant had laid down the facts of the case as they were at the time the lower court granted the application, the lower court would not have been misled to have granted the ex – parte order which the court set aside, that led to the present appeal, had the facts not been suppressed the lower court would have arrived at a different decision.
— C.N. Uwa, JCA. FRN v Ozekhome (2021) – CA/L/174/19
A fair hearing presupposes first and foremost a hearing. We operate the “Adversary System”. The major feature of this system is the passive and inactive role of the judge in the presentation of cases in court. The judge under our system is at best an attentive listener to all that is said on both sides. He is not an investigator. He speaks mainly to deliver judgments. This passive role of the judge emphasises the active role of counsel for the prosecution and for the defence. What is a “hearing” worth to an accused person who does not understand the language of the court, who does not know the rules of procedure, and who cannot properly present his case The right to counsel is thus at the very root of, and is the necessary foundation for a fair hearing. The ordinary layman, even the intelligent and educated layman is not skilled in the science of law and he therefore needs the aid and advice of counsel. It is because of this need that, in capital offences, attracting the death penalty, the accused is not left undefended. If he cannot afford the services of counsel the State assigns one to him. It is surprising that none was assigned to the appellant in the court of first instance.
— Oputa, JSC. G. Josiah v. The State (1985) – SC.59/1984
The law is now well settled that failure of a Court, such as the Court below in the instant appeal, to observe the right to fair hearing of a party in any proceedings before it, vitiates both the proceedings and the resultant decision of the Court whose proceedings is afflicted by the deadly, incurable and highly contagious virus of denial of fair hearing and this is notwithstanding the merit or otherwise of the respective cases of the parties or indeed how meticulous the proceedings were or even how sound the resultant decision is, they are all a nullity. This, in my finding, is the sure but unfortunate fate of the proceedings and ruling of the Court below as it affects the petition filed by the Appellant against the Respondent in this appeal, which ruling was clearly reached in flagrant breach of the Appellant’s right to fair hearing. This is so because in law the principles of fair hearing are not only fundamental to adjudication but they are also constitutional requirements which cannot be legally wished away. It is indeed a fundamental right of universal application. See Agbapuonwu V. Agbapuonwu (1991) 1 NWLR (Pt. 165) 33 @ p. 40. See also Agbogu V. Adiche (Supra) @p. 531; J.O.E. Co. Ltd V. Skye Bank Plc (2009) 6 NWLR (Pt. 1138) @p.518; Robert C. Okafor & Ors V. AG and Commissioner for Justice Anambra State (1991) 6 NWLR (PT.200) 659.
— B.A. Georgewill, JCA. UBA v. Ashimina (2018) – CA/L/1033/2014
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