LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Audi Alteram Partem Requires Opportunity, Not Compelled Participation
PRINCIPLE STATEMENT
The rule of audi alteram partem means no more than offering each party opportunity to be heard. If after affording a party opportunity to be heard and such party fails to avail itself of the opportunity, it is his own funeral. It does not mean that the other party should be put in jeopardy.
RATIO DECIDENDI (SOURCE)
Per Salami, JCA (as quoted with approval by Edozie, JSC), in Kano Textile Printers Ltd v. Gloede and Hoff (Nig.) Ltd (2005) NLC-982002(SC) at p. 3; Paras B–D.
"The principle that the other party must be heard … does not mean that he must be heard willy nilly. The rule of audi alteram partem means no more than offering each party opportunity to be heard. If after affording a party opportunity to be heard and if such party fails to avail itself of the opportunity it is his own funeral. It does not mean that the other party should be put in jeopardy."
EXPLANATION / SCOPE
Fair hearing requires opportunity to be heard, not compelled participation. A party who voluntarily fails to seize the opportunity cannot later complain. The principle applies to constitutional law and fair hearing. The rule prevents abuse of fair hearing rights. The court cannot force a party to participate. The opposing party should not be prejudiced by the other’s voluntary absence.