LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Basic Criteria and Attributes of Fair Hearing
PRINCIPLE STATEMENT
Fair hearing encompasses the plenitude of natural justice in the narrow technical sense of the twin pillars — audi alteram partem and nemo judex in causa sua — as well as in the broad sense of what is not only right and fair to all concerned but also seems to be so.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Unibiz Nigeria Limited v. Commercial Bank Credit Lyonnais Ltd. (2003) NLC-152001(SC) at p. 18; Paras A–C.
"Fair hearing in the context of section 33(1) of the Constitution of 1979 encompasses the plenitude of natural justice in the narrow technical sense of the twin pillars of justice — audi alteram partem and nemo judex in causa sua — as well as in the broad sense of what is not only right and fair to all concerned but also seems to be so."
EXPLANATION / SCOPE
Fair hearing includes natural justice principles and the appearance of fairness. The principle applies to constitutional law. Both substantive and procedural fairness are required. The rule ensures justice is both done and seen to be done. The court will protect fair hearing rights. The principle is fundamental.