LEGAL PRINCIPLE: APPELLATE PRACTICE – Fair Hearing – Failure to Consider Appellants’ Brief – Denial of Fair Hearing
PRINCIPLE STATEMENT
It is manifest that the appellants cannot be said to have had a fair hearing before the court below. ... It is patent that the court below failed or neglected to consider the case set out for the appellants in their brief of argument. It is clearly the duty of an appellate court to consider the issues set out for determination by the parties before the court.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Onwe & Ors v. Nwaogbuinya & Ors (2001) NLC-201991(SC) at p. 19; Paras B–D.
"It is manifest that the appellants cannot be said to have had a fair hearing before the court below. ... It is patent that the court below failed or neglected to consider the case set out for the appellants in their brief of argument. It is clearly the duty of an appellate court to consider the issues set out for determination by the parties before the court."
EXPLANATION / SCOPE
Failure or neglect by an appellate court to consider the appellants’ brief constitutes a denial of fair hearing. The court has a clear duty to consider issues set out by the parties. Ignoring the brief means the court did not hear the appellants’ case. Fair hearing requires that the court actually consider the submissions, not merely receive them. The breach is constitutional and fundamental. The decision is liable to be set aside. The principle applies regardless of whether the court would have agreed with the submissions. The right to be heard includes the right to have submissions considered. Non-consideration is not a mere procedural irregularity—it is a substantive denial of fair hearing.
