CONSTITUTIONAL LAW — Fair Hearing — Opportunity for Hearing as Yardstick
Ratio Decidendi
Per Adekeye, JSC, in UBN Plc v. Astra Builders (W.A.) Ltd (2010) NLC-123-103-2003(SC) at p. 21, paras. D–E:
"The yardstick for determining the observance of fair hearing in trials is not the question whether any injustice has been occasioned on any party due to want of hearing. It is rather the question whether an opportunity of hearing was afforded to parties entitled to be heard."
Explanation / Scope
This principle establishes that the test for fair hearing is whether an opportunity to be heard was afforded to parties entitled to be heard, not whether injustice resulted from the lack of hearing. The principle applies in all proceedings. It ensures that parties are given the opportunity to present their case. The principle reflects the procedural nature of fair hearing. It prevents courts from denying parties the right to be heard. The court must ensure that opportunity is given. The principle provides guidance on the yardstick for fair hearing.