CONSTITUTIONAL LAW — Fair Hearing — Estoppel by Standing By — Person Who Stands By Cannot Later Complain of Breach
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Osun State Independent Electoral Commission v. Action Congress (2010) NLC-2652009(SC) at p. 23, para. D – p. 24, para. A:
"A person who stands by allowing another to champion his cause cannot complain of a breach of his right to fair hearing, in fact, he participated in the legal tussle by proxy; it would amount to a scandal to the administration of justice if the appellants are allowed to hide under the cloak of fair hearing to upturn a proceeding of which they were fully aware of but chose to stand by."
Explanation / Scope
This principle establishes that a person who stands by while another champions their cause cannot later complain of a breach of fair hearing. The principle applies where a party was aware of proceedings but chose not to participate. It ensures that parties cannot benefit from their own inaction. The principle reflects the doctrine of estoppel by standing by. It prevents abuse of the fair hearing guarantee. The court must determine if the party stood by. The principle provides guidance on the consequences of standing by.