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

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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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WHEN FAIR HEARING IS BREACHED, PROCEEDING BECOMES A NULLITY

So, is a complaint alleging the breach of the right to fair hearing as constitutionally guaranteed one of mere technicality? I think not. If not then is it one of substantial justice? I very much think so! The fulcrum of this issue therefore, is the vexed issue of when in law can a proceedings of a Court and the resultant decision be said to be in breach of the right to fair hearing as constitutionally guaranteed to the parties before the Courts in the determination of their civil rights and obligations? This is so because, the effect of a breach of the right to fair hearing, if made out, would almost invariably render such proceedings and resultant decision a nullity. See Ekpenetu V. Ofegobi (2012) 15 NWLR (Pt. 1323) 276; Amadi V. INEC (2013) 4 NWLR (Pt. 1345) 595; Ovunwo & Anor. V. Woko & Ors (2011) 17 NWLR (Pt. 1277) 522; Pan African Incorporation & Ors. V. Shoreline Lifeboat Ltd & Anor. (2010) All FWLR (Pt. 524)56; Action Congress of Nigeria v. Sule Lamido & ors (2012) 8 NWLR (Pt. 1303) 560 @ p. 593; Judicial Service Commission of Cross River State & Anor. V. Dr(Mr) Asari Young (2013) 11 NWLR (Pt. 1364) 1.

— B.A. Georgewill, JCA. UBA v. Ashimina (2018) – CA/L/1033/2014

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FAIR HEARING INCLUDES SUFFICIENT TIME GIVEN TO PRESENT DEFENCE

Here is a case where the panel has three months within which to conduct and conclude its investigation of impeachable allegations against appellant but appellant requested for a four days adjournment on health grounds and to enable two of his witnesses attend and testify on his behalf but the panel refused the request, closed the case of appellant and prepared its report which was submitted to the Taraba House of Assembly the next day. The said House proceeded on the same day of receipt of the report to remove appellant from office. In all, the proceedings lasted a period of about six days out of the three months assigned. Why all the rush one may ask. The rush in this case has obviously resulted in a breach of the right to fair hearing of appellant which in turn nullifies the proceedings of the panel. Appellant was, in the circumstances of the case not given sufficient time or opportunity to present his defence to the charges leveled against him.

– Onnoghen, J.S.C. Danladi v. Dangiri (2014)

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MEANING OF “REASONABLE TIME” IN SECTION 36 OF CONSTITUTION

The operative words for our purpose in this appeal are “reasonable time”, words which in their docile content are vague, and nebulous. A reasonable time is a time justified by reason. Reasonable time in its nebulous content cannot be determined in vacuo but in relation to the fact of each case. This is because what constitutes a reasonable time in one case may riot necessarily constitute a reasonable time in another case. Reasonable time in section 36 presupposes the granting of an adjournment in cases. In dealing with the reasonable time concept in section 36, the court will take into consideration the nature of the case in terms of the magnitude, intricacies, versatilities, complexities and volume of the work involved. In this respect, the court will consider the assemblage of witnesses and documents, if any and the likely or possible time to get all these. Above all, the court will take into consideration the procurement .of exculpatory or inculpatory evidence as the case may be. A reasonable time is also a moderately and practically possible time within which a court or tribunal could complete a trial and pronounce its decision. See Effiom v. State (1995) 1 NWLR (Pt. 373) 507. Reasonable time means the period of time which, in the search for justice, does not wear out the parties and their witnesses and which is required to ensure that justice is not only done but appears to reasonable person to be done. See Ariori v. Elemo (1983) 1 SCNLR 1; Chief Atejioye v. Ayeni (1998) 6 NWLR (Pt. 552) 132.

— Niki Tobi JSC. Pam & Anor. V Mohammed (2008) – SC.238/2007

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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)

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LACK OF FAIR HEARING AND JURISDICTION VITIATES PROCEEDINGS

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

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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

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