Lord Denning in KANDA V GOVERNMENT OF MALAYA [1962] AC 322, stated thus: “If the right to be heard is to be real right which is worth anything, it must carry with it a right of the accused man to know the case which is made against him. He must know what evidence has been given and what statement had been made affecting him, and then must be given an opportunity to correct or contradict them. This appears in all the cases from the celebrated judgments of Lord Loreburn, L.G in The Board of Education v Rice down to the decision of their Lordships’ Board in Ceylon University v Fernando. It follows therefore that the judge or whoever has to adjudicate must not hear evidence or receive representation from one side behind the back of the other. The Court will not inquire whether the evidence did work his prejudice. The risk of it is enough. No one who has lost a case will believe he has been fairly treated if the other side has had access to the judge without his knowing.”
THE FAIR HEARING OF A PERSON CANNOT BE WAIVED BY ANOTHER
I cannot agree with the view of the learned Respondent’s counsel that the Appellant’s counsel compromised the right of the Appellant and thus the Appellant cannot complain. The right to fair hearing cannot be waived or compromised as it is not donated but inherent for the person involved. – Ogunwumiju JSC. Junaidu v. State (2021)...