LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Right to Be Heard – Opportunity Must Be Given Before Decision
PRINCIPLE STATEMENT
To be given an opportunity of being heard before a decision is made against him is a fundamental principle of justice that pre-dated our Constitution. A person given such an opportunity cannot complain if he did not avail himself of such opportunity. In the same vein, a person denied of such opportunity and who has complained cannot be confronted with a response that he would have had nothing worth while to say had he been given an opportunity of a hearing.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ogundoyin & Ors v. Adeyemi (2001) NLC-1231996(SC) at p. 17; Paras A–B.
"To be given an opportunity of being heard before a decision is made against him is a fundamental principle of justice that pre-dated our Constitution. A person given such an opportunity cannot complain if he did not avail himself of such opportunity. In the same vein, a person denied of such opportunity and who has complained cannot be confronted with a response that he would have had nothing worth while to say had he been given an opportunity of a hearing."
EXPLANATION / SCOPE
The right to be heard before an adverse decision is a fundamental principle pre-dating the Constitution. If a party is given opportunity but fails to avail themselves, they cannot complain. However, if denied opportunity, the court cannot speculate that the party would have had nothing worthwhile to say. The denial itself violates fair hearing—the court need not assess prejudice. The right is procedural, not outcome-dependent. Even if the party’s submissions would likely fail, they still must be heard. The court cannot assume what the party would have argued. This protects the integrity of judicial process and ensures every party has their day in court.