LEGAL PRINCIPLE: CIVIL PROCEDURE — Fair Hearing — Condemning Party Without Hearing — Violation of Natural Justice
PRINCIPLE STATEMENT
A court that condemns a party peremptorily without giving an opportunity to be heard in a quasi-criminal committal proceeding violates the rules of natural justice.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in A.G., Anambra State & Ors v. Okeke & Ors (2002) NLC-1021997(SC) at pp. 26–27; Paras E–B.
"I entertain no doubt that since the court below did not give the defendants any opportunity to be heard in their defence to the substantive committal proceeding which is a quasi-criminal matter, it ought not to have condemned them peremptorily by committing them to a term of imprisonment as it did in utter violation of the rules of natural justice."
EXPLANATION / SCOPE
Condemning a party without a hearing violates natural justice. Committal proceedings are quasi-criminal; the right to be heard is fundamental. The court cannot make committal orders peremptorily. The principle applies to all proceedings where liberty is at stake. The party must have notice and an opportunity to present a defence. The court cannot rely on procedural shortcuts. The violation renders the committal order a nullity. The rule is based on the constitutional right to fair hearing. The court must hear both sides before making adverse orders. The principle is absolute; there is no exception for expediency.
