Legal Principles – Nigerian LawCompass

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Principle of Fair Hearing Fundamental and Absence Vitiates Proceedings

"There is no doubt at all that the principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Both Parties Must Be Given Opportunity to Present Their Cases Without Hindrance

"Fair hearing according to our law, envisages that both parties to a case be given an opportunity of presenting their respective cases without let or hindrance from the beginning to...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Right to Fair Trial — Effect of Consent to Irregular Procedure

"The appellant's right to fair hearing was not infringed since his counsel, who consented to the irregularity, had the opportunity to cross-examine the additional witnesses and no desire had been...

Labour Law Important

LABOUR LAW — Termination — Fair Hearing in Private Employment Requires Notice and Opportunity to Explain

"In cases of misconduct bordering on criminality, all that is required of an employer before summarily dismissing an employee is to give him fair hearing by confronting him with the...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Suspension Pending Investigation Does Not Violate Fair Hearing

"The aim of suspending the student is to abort any likelihood of the threatened disturbing atmosphere snow balling into an uncontrollable situation. The University envisaged that they would set up...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Garba v. University of Maiduguri Distinguished on Expulsion Versus Suspension

"The celebrated case of Garba v. University of Maiduguri (Supra) is not intended to be a court-given licence and judicial umbrella to provide Students of unbridled, recalcitrant and impetuous behaviour...

Administrative Law Important

ADMINISTRATIVE LAW — Fair Hearing — Distinction Between Suspension and Expulsion in University Discipline

"In the circumstances, the situation in the instant appeal is diametrically different from that in Garba v. University of Maiduguri case (supra). In the Garba case, there was an outright...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Audi Alteram Partem Requires Opportunity, Not Compelled Participation

"The principle that the other party must be heard … does not mean that he must be heard willy nilly. The rule of audi alteram partem means no more than...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — The Principle of Audi Alteram Partem Requires Notice of Every Material Step

"Fair hearing also imposes some obligations on the tribunal or court hearing the parties' case, and fundamentally the court or tribunal should not take or hear evidence in a case...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Obligation of a Trial Court When Counsel Withdraws Mid-Trial

"With respect to the trial Judge, I think he was mistaken not to have directed that a fresh hearing notice be served on the appellant when his counsel withdrew from...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Consequence of a Breach of Fair Hearing Renders Proceedings Null and Void

"The denial of fair hearing to a party is often fatal to the judgment of the court... If a principle of natural justice is violated, it does not matter whether...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — When a Party Has Not Been Afforded an Opportunity to Present His Case

"If one of the parties is refused a hearing or not given an opportunity to be heard, the hearing cannot qualify as a fair hearing... Without fair hearing, the principles...