LEGAL PRINCIPLE: APPELLATE PRACTICE — Court of Appeal — Powers under Section 16 — Cannot Deny Parties Opportunity to Be Heard
PRINCIPLE STATEMENT
It is not a proper exercise of powers under Section 16 of the Court of Appeal Act to overrule a preliminary objection and deny parties the opportunity to be heard on the merits before making committal orders and passing prison sentences.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in A.G., Anambra State & Ors v. Okeke & Ors (2002) NLC-1021997(SC) at pp. 25–26; Paras E–A.
"It cannot be a proper exercise of the powers conferred under section 16 of the Court of Appeal Act for the court below to overrule a preliminary objection and to deny either the plaintiffs/applicants for committal the opportunity of moving their application or the defendants/respondents, the opportunity of presenting their defence on the merits before proceeding to make committal orders and pass prison sentences against the defendants."
EXPLANATION / SCOPE
Section 16 of the Court of Appeal Act confers broad powers, but does not authorise the court to deny parties a fair hearing. The court cannot make committal orders without giving parties the opportunity to be heard. The principle applies to all proceedings, especially quasi-criminal committal proceedings. The court must hear both sides before making adverse orders. The rule protects the right to fair hearing. The court cannot use Section 16 to bypass procedural safeguards. The parties are entitled to present their cases on the merits. The court may exercise its powers only after giving parties an opportunity to be heard. The principle is fundamental to justice.