LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Audi Alteram Partem Rule – Necessity of Notice of Hearing
PRINCIPLE STATEMENT
Each party to a dispute before a court of law or any other tribunal must be given fair hearing not only to allow each to state his own case in court or before a tribunal but also to give each party notice of the date of hearing and place of hearing which is the principle of audi alterem partem. This principle arises from the rule of natural justice. Fair hearing is also a rule of natural justice.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ogundoyin & Ors v. Adeyemi (2001) NLC-1231996(SC) at p. 9; Paras C–D.
"Each party to a dispute before a court of law or any other tribunal must be given fair hearing not only to allow each to state his own case in court or before a tribunal but also to give each party notice of the date of hearing and place of hearing which is the principle of audi alterem partem. This principle arises from the rule of natural justice. Fair hearing is also a rule of natural justice."
EXPLANATION / SCOPE
The audi alteram partem rule (hear the other side) requires that parties receive notice of hearing date and place, not merely the opportunity to speak. Notice is essential to fair hearing. Without proper notice, a party cannot meaningfully participate. Fair hearing encompasses both the right to present one’s case and the right to know when and where to appear. This principle applies to courts and all tribunals. It is fundamental natural justice, not a technicality. Failure to give proper notice violates fair hearing, rendering proceedings void. The rule protects the right to be heard by ensuring the opportunity to attend.