CONSTITUTIONAL LAW ā Fair Hearing ā Right to Fair Hearing Not Violated Where Party Fails to Take Advantage of Opportunity
Principle Statement
A court cannot force parties to take advantage of fair hearing principles. Once the court creates the environment, its duty stops. If parties fail to take advantage, they cannot later complain of denial of fair hearing.
Ratio Decidendi (Source)
Per Tobi, JSC, in Eke v. Ogbonda (2006) NLC-123-64-2001(SC) at pp. 17ā18; Paras EāA.
"A court of law cannot force parties to take advantage of the principles. Once the court creates the environment, its duty stops and the parties are at liberty to take advantage of the environment created by the court. If the parties fail to take advantage of the environment created by the court, they cannot be heard on appeal to complain that they were denied fair hearing."
Explanation / Scope
Fair hearing requires opportunity, not compulsion. Failure to use available opportunity waives the complaint. The principle applies to constitutional law.
