LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Error in Considering Evidence Not Before Court
PRINCIPLE STATEMENT
An error in referring to evidence not before the court is not the same as a denial of fair hearing. Such error does not affect the decision if the court would have reached the same conclusion without it.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Yakubu v. The Governor of Kogi State & Ors (1995) NLC-2451994(SC) at pp. 29–30; Paras. B–A.
"What has happened in this case is that the court below referred to the affidavit-evidence which was not before it in its ruling on the application for joinder brought by the 5th respondent... This error is not the same thing as a denial of the right to fair hearing... I am satisfied that the wrongful reference to the counter-affidavit by the Court of Appeal did not affect the decision arrived at by that court."
EXPLANATION / SCOPE
Not every error constitutes a denial of fair hearing. The error must be substantial and affect the decision. The principle applies the harmless error doctrine. The appellant must show prejudice. The court will examine whether the error influenced the outcome. The rule distinguishes between procedural irregularity and denial of fair hearing. The appellate court may affirm if the error was harmless. The burden is on the appellant to demonstrate miscarriage of justice.
