CONSTITUTIONAL LAW — Fair Hearing — Breach of Fair Hearing — Burden of Proof Lies on Party Alleging Breach
Principle Statement
The burden is on the party alleging breach of fair hearing in a case to prove the breach and he must do so in the light of the facts of the case. This is because the facts of a case and the facts only donate non-compliance with the principle of fair hearing.
Ratio Decidendi (Source)
Per Tobi, JSC, in Maikyo v. Itodo & Ors (2007) NLC-123-242-2003(SC) at p. 16; Paras A–B.
"The burden is on the party alleging breach of fair hearing in a case to prove the breach and he must do so in the light of the facts of the case. This is because the facts of a case and the facts only donate non-compliance with the principle of fair hearing."
Explanation / Scope
The party alleging a breach of fair hearing bears the burden of proving it. The allegation must be established on the facts of the case. Fair hearing is not presumed to have been breached; the complainant must demonstrate actual non-compliance. The facts of the case are the basis for determining whether there was a breach.
Cases Applying This Principle
None recorded.
