LEGAL PRINCIPLE: APPELLATE PRACTICE – Hearing of Appeals – Duty of Appellate Court to Consider Parties’ Briefs – Fair Hearing Requirement
PRINCIPLE STATEMENT
It is implicit in Section 33(1) of the Constitution of the Federal Republic of Nigeria, 1979 which provides for the right to fair hearing that a trial court ought to hear and consider the evidence on all the issues joined before it. In the same vein an appellate court ought to hear and consider the arguments on all the issues raised before it.
RATIO DECIDENDI (SOURCE)
Per Agbaje, JSC, in Onifade v. Olayiwola (1990) 7 NWLR (Pt. 161) 130 at p. 165; Paras G–H, cited with approval in Onwe & Ors v. Nwaogbuinya & Ors (2001) NLC-201991(SC) at p. 20; Paras C–E.
"It is implicit in Section 33(1) of the Constitution of the Federal Republic of Nigeria, 1979 which provides for the right to fair hearing that a trial court ought to hear and consider the evidence on all the issues joined before it. In the same vein an appellate court ought to hear and consider the arguments on all the issues raised before it."
EXPLANATION / SCOPE
Fair hearing under the Constitution requires that an appellate court hear and consider arguments on all issues raised before it. Just as a trial court must consider evidence on all joined issues, an appellate court must consider all arguments in parties’ briefs. Failure to consider any issue raised may constitute denial of fair hearing. The court cannot selectively ignore submissions. The duty is to address each issue, even if only to dismiss it. The principle ensures that parties receive a reasoned decision on their complaints. The right to fair hearing is substantive, not merely procedural. Non-consideration of briefed issues violates this right and may nullify the decision.
