CONSTITUTIONAL LAW — Fair Hearing — Absence of Party Does Not Constitute Denial Where Party Voluntarily Absents Itself
Principle Statement
The principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however well conducted. Fair hearing envisages that both parties be given opportunity of presenting their respective cases without let or hindrance from the beginning to the end, and that the court be fair and impartial without showing any degree of bias.
Ratio Decidendi (Source)
Per Kalgo, JSC, in Ekpeto & Ors v. Wanogho & Ors (2004) NLC-1932001(SC) at p. 8; Paras B–D.
"The principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however well conducted. Fair hearing according to our law envisages that both parties to a case be given opportunity of presenting their respective cases without let or hindrance from the beginning to the end. It also envisages that the court or tribunal hearing the parties' case, should be fair and impartial without showing any degree of bias against any of the parties."
Explanation / Scope
This affirms that fair hearing is a fundamental constitutional right whose absence vitiates proceedings regardless of how well they were otherwise conducted. Fair hearing requires: opportunity for both parties to present their cases without hindrance, from beginning to end, and an impartial court or tribunal free from bias. However, a party who voluntarily absents itself cannot later claim denial of fair hearing because the court cannot compel attendance. This serves: protecting the integrity of judicial proceedings, ensuring both parties receive meaningful participation opportunity, and preventing tactical absences from being used to vitiate judgments. This prevents: parties from deliberately staying away to derail proceedings, using self-inflicted absence as grounds for appeal, and manipulating fair hearing rights as a litigation weapon. The court cannot: force a party to attend, adjourn indefinitely awaiting a reluctant party’s appearance, or be held responsible for a party’s voluntary non-attendance. Effect: A party who chooses not to participate after proper notice cannot complain of unfairness, as the opportunity was provided but voluntarily rejected.
