CONSTITUTIONAL LAW ā Fair Hearing ā Party Who Boycotts or Fails to Utilise Opportunity of Hearing Cannot Complain of Denial
Principle Statement
Where a party has been accorded a reasonable opportunity to be heard and fails or neglects to attend or boycotts the sitting without satisfactory explanation, that party cannot later complain about lack of fair hearing.
Ratio Decidendi (Source)
Per Edozie, JSC, in Magna Maritime Services Ltd. & Anor v. Oteju & Anor (2005) NLC-802000(SC) at pp. 19ā20; Paras DāA.
"Where a party to a suit has been accorded a reasonable opportunity of being heard and in the manner prescribed under the law and for no satisfactory explanation it fails or neglects to attend the sitting of the court or boycotts same, that party cannot thereafter be heard to complain about lack of fair hearing. In the case of Okoye v. Nigerian Construction & Furniture Co. Ltd. (1991) 6 NWLR (Pt. 199) 501 at 541, this court observed, inter alia, as follows:ā 'I must also bear in mind the fact that the duty of court under section 33(1) of the constitution is to give the person whose civil right or obligation is to be determined the opportunity of fair hearing. If he knew that the proceedings were going on and did not apply to be heard or the opportunity was made available to him and he failed to or neglected to take it, he cannot now properly complain of a denial of fair hearing.'"
Explanation / Scope
Fair hearing requires opportunity, not compelled attendance. A party who boycotts or neglects the opportunity cannot later complain. The principle applies to constitutional law. Self-induced absence waives fair hearing rights.
