CONSTITUTIONAL LAW – Fair Hearing – Application to Persons Likely to Be Affected – Non-Parties Cannot Be Bound Without Hearing
Ratio Decidendi
Per Karibi-Whyte, JSC, in Awoniyi v. Registered Trustees of the Rosicrucian Order, AMORC (2000) NLC-1821999(SC) at p. 12; Paras D–E:
"There can be no clearer infringement of the constitutional protection of fair hearing in section 36 of the Constitution 1999 than what has been suggested by Mr. Olufon — that this court can, relying on the provisions of Section 6(6)(a) and (b) of the 1999 Constitution make consequential orders against any person whatsoever."
Explanation / Scope
Fair hearing under section 36 of the Constitution requires that no person be bound by a judgment without being heard. Courts cannot make orders against non-parties, even under broad constitutional grants of judicial power. The principle of audi alteram partem (hear the other side) applies to all judicial proceedings. A person against whom an order is sought must be joined, notified, and given opportunity to be heard. Any order affecting a non-party without such opportunity constitutes a fundamental breach of fair hearing and is null and void.