DECISION VOID WHERE NATURAL JUSTICE IS ABSENT

FAIR HEARING IS TRIAL ACCORDING TO ALL LEGAL RULES

The law is indeed well settled that fair hearing within the meaning of Section 36(1) of the Constitution of Federal Republic of Nigeria, 1999 (as amended), means a trial or hearing conducted according to all legal rules formulated to ensure that justice is done to the parties. It requires the observation or observance of the twin pillars of the rules of natural justice, namely audi alterem partem and nemo judex in causa sua. These rules, the obligation to hear the other side of a dispute or the right of a party in dispute to be heard, is so basic and fundamental a principle of our adjudicatory system in the determination of disputes that it cannot be compromised on any ground. See Per PETER-ODILI, JSC in EYE v. FRN (2018) LPELR-43599(SC) (P. 28-30, PARA. A).

— U.M. Abba Aji, JSC. State v. Andrew Yanga (SC.712/2018, 15 Jan 2021)

ONE CANNOT BE A WITNESS AND A JUDGE AT THE SAME TIME

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

NATURE OF FAIR HEARING

It is my humble view that fair hearing implies much more than hearing the Appellants testifying before the Disciplinary Investigation panel; it implies much more than other Staff or Students testifying before the Panel behind the backs of the Appellants, it implies much more than the Appellants being “given a chance to explain their own side of the story.” To constitute a fair hearing whether it be before the regular Courts or before Tribunals and Boards of Inquiry, the person accused would know what is alleged against him; he should be present when any evidence against him is tendered; and he should be given a fair opportunity to correct or contradict such evidence. How else is this done, it be not by cross-examination? If these Tribunal or Boards, or Panels know that they cannot do all these, then, they should leave these trials to the law courts.

– Oputa, J.S.C. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

BASIC CRITERIA & ATTRIBUTES OF FAIR HEARING

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)

IN HIGHER INSTITUTION, IF PUNISHMENT TO BE IMPOSED IS SEVERE, THERE MUST BE NATURAL JUSTICE

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

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)