LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Breach of Constitutional Provision – Effect on Judgment
PRINCIPLE STATEMENT
Any judgment or ruling based on breach of the constitutional provision of fair hearing as provided in section 33(1) of the Constitution of the Federal Republic of Nigeria, 1979 will not be allowed to stand on appeal. It is fatal to the judgment appealed against on that ground.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ogundoyin & Ors v. Adeyemi (2001) NLC-1231996(SC) at p. 10; Paras A–B.
"Any judgment or ruling based on breach of the constitutional provision of fair hearing as provided in section 33(1) of the Constitution of the Federal Republic of Nigeria, 1979 will not be allowed to stand on appeal. It is fatal to the judgment appealed against on that ground."
EXPLANATION / SCOPE
A judgment or ruling based on breach of constitutional fair hearing provisions cannot stand on appeal. The breach is fatal—not a mere irregularity. The appellate court will set aside such judgment regardless of the merits. The defect goes to the validity of the proceedings themselves. Even if the result appears just, a fair hearing violation nullifies the decision. This underscores the fundamental nature of fair hearing rights. No judgment can survive if it was reached without giving a party the opportunity to be heard. The remedy is to set aside and order rehearing. The constitutional breach is not curable by harmless error analysis.
CASES APPLYING THIS PRINCIPLE
None recorded.