CONSTITUTIONAL LAW — Fair Hearing — Fair Hearing Not Applicable Where Court Process Is Incompetent
Principle Statement
Fair hearing principles can only apply where a party has a right to be heard on a court process. If a party has no right to be heard because the court process does not comply with the rules of court, the party cannot invoke the principles of fair hearing.
Ratio Decidendi (Source)
Per Tobi, JSC, in Sosanya v. Onadeko & Ors (2005) NLC-2942000(SC) at p. 34; Paras A–B.
"The principles of fair hearing can only apply in a case where a party has the right to be heard on a court process. If a party has no right to be heard in respect of a court process because the court process does not comply with the rules of court, the party cannot be heard to invoke the principles of fair hearing."
Explanation / Scope
Fair hearing applies only to competent court processes. A party cannot claim fair hearing for an incompetent filing. The principle applies to constitutional law and civil procedure. The rule prevents abuse of fair hearing by those who fail to comply with procedural rules. No right to be heard exists where the process is fundamentally defective.
