Principle Statement

The right to fair hearing is a fundamental and constitutional right of a party to a dispute to be afforded an opportunity to present his case to the adjudicating authority. The right lies in the procedure followed in the determination of a case and not in the correctness of the decision arrived at in the case.

Ratio Decidendi (Source)

Per Adekeye, JSC, in FBN Plc v. T.S.A. Industries Limited (2010) NLC-123-316-2006(SC) at p. 46; Paras Dā€“E.

"The right to fair hearing is a fundamental and constitutional right of a party to a dispute to be afforded an opportunity to present his case to the adjudicating authority. The right lies in the procedure followed in the determination of a case and not in the correctness of the decision arrived at in the case."
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Explanation / Scope

This principle establishes that the right to fair hearing is a fundamental constitutional right to present one’s case. The right is about the procedure followed, not the correctness of the decision. The principle applies in all proceedings. It ensures that parties are given an opportunity to be heard. The principle reflects the constitutional guarantee of fair hearing. It prevents decisions made without proper procedure. The court must ensure procedural fairness. The principle provides guidance on the nature of the right to fair hearing.

Cases Applying This Principle

First Bank of Nigeria Plc v. T.S.A. Industries Limited