LEGAL PRINCIPLE: CIVIL PROCEDURE — Fair Hearing — Prejudice — Finding of Absence of Fair Hearing Implies Prejudice
PRINCIPLE STATEMENT
A finding that there is no fair hearing implies prejudice to the party who lost; the party does not need to prove any particular injury to be entitled to have the decision set aside.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Idakwo v. Ejiga & Anor (2002) NLC-1101998(SC) at p. 6; Paras A–B.
"A finding that there is no fair hearing implies in itself a prejudice to the party who lost and is tantamount to a finding of a contravention of his right to fair hearing guaranteed by the constitution. He does not need to have suffered any particular injury for him to be entitled to have a decision against him, obtained unfairly, set aside."
EXPLANATION / SCOPE
The denial of fair hearing itself constitutes prejudice. The affected party need not prove additional harm. The constitutional right to fair hearing is fundamental. A violation of that right automatically entitles the party to have the decision set aside. The principle recognises that the injury is the denial of the right itself, not the outcome. The court will not inquire whether the outcome would have been different. The rule is absolute. The party is entitled to a fresh hearing. The principle protects the integrity of the judicial process. The remedy is automatic upon proof of denial of fair hearing.
