LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Both Parties Must Be Given Opportunity to Present Their Cases Without Hindrance
PRINCIPLE STATEMENT
Fair hearing envisages that both parties be given an opportunity to present their respective cases without let or hindrance from beginning to end. It also envisages that the court be fair and impartial without showing any degree of bias against any party.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Alsthom S. A. & Anor v. Saraki (2005) NLC-1201996(SC) at p. 16; Paras B–C.
"Fair hearing according to our law, envisages that both parties to a case be given an 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
Fair hearing requires that both parties present their cases fully without hindrance. The court must remain impartial and free from bias throughout. The principle applies to constitutional law and judicial procedure. The rule guarantees equal treatment and opportunity. Any hindrance or bias violates the constitutional right to fair hearing. The court must ensure both sides are heard.
