LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Application to Persons Likely to Be Affected – Non-Parties Cannot Be Bound Without Hearing
PRINCIPLE STATEMENT
There can be no clearer infringement of the constitutional protection of fair hearing in section 36 of the Constitution 1999 than what has been suggested by Mr. Olufon — that this court can, relying on the provisions of Section 6(6)(a) and (b) of the 1999 Constitution make consequential orders against any person whatsoever.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Awoniyi v. Registered Trustees of the Rosicrucian Order, AMORC (2000) NLC-1821999(SC) at p. 12; Paras D–E.
"There can be no clearer infringement of the constitutional protection of fair hearing in section 36 of the Constitution 1999 than what has been suggested by Mr. Olufon — that this court can, relying on the provisions of Section 6(6)(a) and (b) of the 1999 Constitution make consequential orders against any person whatsoever."
EXPLANATION / SCOPE
Fair hearing under section 36 of the Constitution requires that no person be bound by a judgment without being heard. Courts cannot make orders against non-parties, even under broad constitutional grants of judicial power. The principle of audi alteram partem (hear the other side) applies to all judicial proceedings. A person against whom an order is sought must be joined, notified, and given opportunity to be heard. Any order affecting a non-party without such opportunity constitutes a fundamental breach of fair hearing and is null and void.