CONSTITUTIONAL LAW — Fair Hearing — Appeal Dismissed Without Hearing — As Ground of Law
Principle Statement
In real substance, grounds 1 and 2 of the grounds of appeal complain that the Court of Appeal violated the appellant's right of fair hearing for dismissing its appeal on a date it was not fixed for hearing without hearing argument on the substantive appeal. It is settled that a ground of appeal which complains of a breach of the right to fair hearing vide section 36(1) of the 1999 Constitution is a ground of law alone.
Ratio Decidendi (Source)
Per Fabiyi, JSC, in General Electric Company v. Akande & Ors (2010) NLC-3372008(SC) at p. 12; Paras B–D.
"In real substance, grounds 1 and 2 of the grounds of appeal complain that the Court of Appeal violated the appellant's right of fair hearing for dismissing its appeal on a date it was not fixed for hearing without hearing argument on the substantive appeal. It is settled that a ground of appeal which complains of a breach of the right to fair hearing vide section 36(1) of the 1999 Constitution is a ground of law alone."
Explanation / Scope
This principle establishes that a ground of appeal complaining of dismissal without hearing is a ground of law, as it alleges breach of fair hearing under Section 36(1). The principle applies where fair hearing is in issue. It ensures that constitutional complaints are treated as law grounds. The principle reflects that fair hearing is a constitutional right. It prevents such grounds from being classified as mixed or fact. The court must treat them as law grounds. The principle provides guidance on the classification of fair hearing complaints.
