LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Consequence of a Breach of Fair Hearing Renders Proceedings Null and Void
PRINCIPLE STATEMENT
The denial of fair hearing to a party is often fatal to the judgment of the court. If a principle of natural justice is violated, it does not matter whether the decision would have been the same if the proper thing had been done; the proceedings will still be null and void.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Ndukauba v. Kolomo & Anor (2005) NLC-2372000(SC) at p. 7; Paras A–B.
"The denial of fair hearing to a party is often fatal to the judgment of the court... If a principle of natural justice is violated, it does not matter whether if the proper thing had been done, the decision would have been the same; the proceedings will still be null and void."
EXPLANATION / SCOPE
Breach of fair hearing renders proceedings null and void regardless of outcome. No inquiry into whether the result would have been the same. The principle applies to constitutional law. Fair hearing violation is automatically fatal.