LEGAL PRINCIPLE: CIVIL PROCEDURE — Fair Hearing — Refusal to Hear Motion as Breach of Constitutional Right
PRINCIPLE STATEMENT
Refusal of a court to hear a motion is a breach of the right to fair hearing guaranteed under the Constitution and an essence of the audi alteram partem rule. A judge cannot arbitrarily ignore a motion filed in court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mobil Producing Nigeria Unlimited & Ors v. Monokpo & Anor & Ors (2003) NLC-3202001(SC) at pp. 29–30; Paras A–C.
"Refusal of a court to hear a motion is a breach of the right to a fair hearing guaranteed under the Constitution and an essence of the audi alteram partem rule of natural justice. ... If a Judge or court were at liberty to decide to ignore any motion filed in court it would raise a fundamental issue. There will be a danger that instead of allowing the administration of justice to be done upon a compulsory even keel, it may be left to the tyranny of the arbitrary or selective decision of a particular Judge or court as to if and when any motion will be considered at all."
EXPLANATION / SCOPE
Courts must hear all motions filed. Refusal to hear violates fair hearing. The principle applies to all courts. The judge cannot arbitrarily ignore processes. The rule prevents selective justice. The principle is fundamental.