CONSTITUTIONAL LAW — Fair Hearing — Failure of Court to Consider Party’s Case — Effect
Principle Statement
The right to a fair hearing in a suit is not only a common law requirement in Nigeria but also a statutory and constitutional requirement. This principle is fundamental to all court procedure and proceedings. Thus, when a party submits an issue to a court for determination, that court must consider and make pronouncement on it, unless if such amounts to hypothetical or academic issue... As a matter of law, a court has the duty to consider the issues submitted to it for adjudication. Where a court failed to consider and adjudicate on such issues, it is usually an error of law because the omission constitutes a denial to the party complaining of his right of fair hearing as enshrined in the constitution.
Ratio Decidendi (Source)
Per Muntaka-Coomassie, JSC in Uzuda & Ors v. Ebigah & Ors (2009) NLC-123-348-2002(SC) at pp. 17-18; Paras A-C.
"The right to a fair hearing in a suit is not only a common law requirement in Nigeria but also a statutory and constitutional requirement. This principle is fundamental to all court procedure and proceedings. Thus, when a party submits an issue to a court for determination, that court must consider and make pronouncement on it, unless if such amounts to hypothetical or academic issue... As a matter of law, a court has the duty to consider the issues submitted to it for adjudication. Where a court failed to consider and adjudicate on such issues, it is usually an error of law because the omission constitutes a denial to the party complaining of his right of fair hearing as enshrined in the constitution."
Explanation / Scope
This principle establishes that failure to consider issues submitted by a party constitutes a denial of fair hearing and an error of law. A court must consider and pronounce on all issues properly placed before it, unless they are hypothetical or academic. The principle applies in all proceedings. It ensures that parties’ cases are fully heard. The principle reflects the constitutional right to fair hearing. It prevents courts from ignoring parties’ arguments. The court must address all issues. The principle provides guidance on the duty of courts to consider parties’ cases.
