APPELLATE PRACTICE — Fair Hearing — Breach of Right to Fair Hearing — Burden of Proof
Ratio Decidendi
Per Tobi, JSC, in Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC) at p. 17; Paras A–D:
Ratio Decidendi (Source): "A party alleging the breach must show clearly from the facts of the case that the right is violated or breached. The appellant has not demonstrated in his brief that the right was violated or breached."
Explanation / Scope
Fair hearing is a fundamental constitutional guarantee, but its breach is not presumed. The onus lies squarely on the complainant to place before the court specific facts, proceedings, or circumstances that establish the denial of a fair hearing. Vague or general allegations are insufficient. The court examines the entire record to determine whether the party was given adequate notice, opportunity to be heard, and an impartial tribunal. This principle ensures that the right is not trivialized by unsubstantiated claims and that only genuine violations attract judicial intervention. The rule applies across all civil and criminal proceedings.