LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Delivery of Judgment in Chambers as Fundamental Breach of Right to Public Hearing
PRINCIPLE STATEMENT
Giving judgment not in public as demanded by section 33(3) of the 1979 Constitution, but in chambers, renders the judgment a nullity and vitiates the entire proceedings.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Nigeria-Arab Bank Limited v. Barri Engineering Nigeria Ltd. (1995) NLC-11994(SC) at pp. 10–11; Paras. E–A.
"I regret that this issue has vitiated the trial through the error of the trial Judge and misapplication of the error by the Court of Appeal. On this issue alone of giving judgment not in public as demanded in section 33(3) under Fundamental Rights in Chapter IV of 1979 Constitution, but in chambers, the judgment is a nullity and vitiates the entire proceedings."
EXPLANATION / SCOPE
The constitutional right to a public hearing includes the announcement of decisions. Judgment delivered in chambers violates fair hearing. The proceedings are a nullity. The principle applies to all courts. The public nature of proceedings is fundamental. The rule ensures transparency and accountability. The court cannot waive the requirement. The parties cannot consent to a chamber judgment. The principle protects the integrity of the judicial process.
