ADMINISTRATIVE LAW — Natural Justice — Audi Alteram Partem — Meaning and Application — Hear the Other Side
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 25; Paras B—D:
"Audi alteram partem is a maxim denoting basic fairness. It is a canon of natural justice that has its roots in the Old Testament. The Good Lord heard Adam before he passed sentence. It simply means hear the other side."
Explanation / Scope
This principle establishes that audi alteram partem is a maxim denoting basic fairness and a canon of natural justice meaning “hear the other side.” The principle applies in all proceedings. It ensures that both parties are heard. The principle reflects the fundamental requirement of fair hearing. It prevents decisions without hearing the affected party. The court must give both sides an opportunity to be heard. The principle provides guidance on natural justice.