LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Proceedings Including Announcement of Decisions Must Be Held in Public
PRINCIPLE STATEMENT
Section 33(3) of the 1979 Constitution provides that the proceedings of a court or tribunal (including the announcement of the decisions) shall be held in public.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC (as cited), in Nigeria-Arab Bank Limited v. Barri Engineering Nigeria Ltd. (1995) NLC-11994(SC) at p. 5; Para. D.
"33(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public."
EXPLANATION / SCOPE
The constitutional provision explicitly requires public proceedings, including the announcement of decisions. The principle applies to all courts and tribunals. The rule ensures transparency and public confidence. Exceptions are limited and must be justified. The principle is fundamental to fair hearing. The court cannot depart from the requirement without constitutional justification. The parties’ right to a public hearing is inviolable.
