CONSTITUTIONAL LAW — Fair Hearing — Fair Hearing Protects All Parties, Not Just One Side
Principle Statement
Fair hearing under section 36 of the 1999 Constitution protects all parties—plaintiffs and defendants alike. It would be oppressive to interpret it as conferring protection on only one of the parties.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Banna v. Telepower Nigeria Ltd (2006) NLC-123-407-2001(SC) at p. 11; Paras D–E.
"The provision dealing with fair hearing under section 36 of the 1999 Constitution of Nigeria is for the protection of all the parties to a case the plaintiffs and the defendants alike. It will be oppressive to interpret the provision as conferring a protection on just one of the parties to a case."
Explanation / Scope
Fair hearing rights apply equally to all parties, not only defendants. The principle applies to constitutional law.
