LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Burden of Proof on Allegation of Breach
PRINCIPLE STATEMENT
The burden is on the defendants to show that the adjudication by Ichoku, J. complained of led to a failure of justice. In other words, the appellants who allege that they have been denied right to a fair hearing must show that their civil rights and obligations have been adversely affected by the alleged breach.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Kenon & Ors v. Tekam & Ors (2001) NLC-611995(SC) at p. 10; Paras C–D.
"The burden is on the defendants to show that the adjudication by Ichoku, J. complained of led to a failure of justice. In other words, the appellants who allege that they have been denied right to a fair hearing must show that their civil rights and obligations have been adversely affected by the alleged breach."
EXPLANATION / SCOPE
The party alleging denial of fair hearing bears the burden of proof. They must show that the alleged breach led to a failure of justice and that their civil rights or obligations were adversely affected. The burden is not on the respondent to prove fairness. Mere allegation without proof of prejudice is insufficient. The court will not assume injustice from procedural irregularity alone. The appellant must demonstrate a causal link between the breach and the outcome. The principle prevents speculative or technical claims of unfairness. The burden is heavy—the appellant must point to specific evidence of prejudice. The court examines whether a different outcome would have resulted.
