LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — The Principle of Audi Alteram Partem Requires Notice of Every Material Step
PRINCIPLE STATEMENT
Fair hearing imposes obligations on the court. The court should not take or hear evidence or receive submissions from one party at the back of the other.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ndukauba v. Kolomo & Anor (2005) NLC-2372000(SC) at p. 10; Paras B–C.
"Fair hearing also imposes some obligations on the tribunal or court hearing the parties' case, and fundamentally the court or tribunal should not take or hear evidence in a case or receive any submissions or representation from one party at the back of the other."
EXPLANATION / SCOPE
Audi alteram partem requires that both parties be present or notified at every material step. Evidence or submissions cannot be received from one party behind the other’s back. The principle applies to constitutional law.
