LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Components of Fair Hearing
PRINCIPLE STATEMENT
Fair hearing in this context involves (i) a hearing that does not contravene the principles of natural justice; and (ii) a hearing that must consist of the whole hearing when tested from the point of view of a reasonable person who was present at the trial, whether, from his observation, justice has been done in the case. Sub-section (1) of section 33 entrenches the common law concept of natural justice with its twin pillars, namely: (a) that a man shall not be condemned unheard; and (b) that a man shall not be a judge in his own cause.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Kenon & Ors v. Tekam & Ors (2001) NLC-611995(SC) at pp. 9–10; Paras D–A.
"Fair hearing in this context involves (i) a hearing that does not contravene the principles of natural justice; and (ii) a hearing that must consist of the whole hearing when tested from the point of view of a reasonable person who was present at the trial, whether, from his observation, justice has been done in the case. Sub-section (1) of section 33 entrenches the common law concept of natural justice with its twin pillars, namely: (a) that a man shall not be condemned unheard; and (b) that a man shall not be a judge in his own cause."
EXPLANATION / SCOPE
Fair hearing has two components: (1) compliance with natural justice principles; (2) the whole hearing, from a reasonable observer’s perspective, must appear just. The twin pillars of natural justice are: (a) audi alteram partem (no condemnation without hearing); (b) nemo judex in causa sua (no judge in own cause). The reasonable observer test ensures that justice is not only done but seen to be done. The hearing must be fair in substance and appearance. The principles are constitutionalized, not merely common law. The court examines whether the process was fair, not just the outcome. The components are cumulative—both must be satisfied.
