CONSTITUTIONAL LAW ā Fair Hearing ā Principle of Audi Alteram Partem
Principle Statement
The principle of fair hearing is not only a common law right but also a constitutional right in Nigeria. The audi alteram partem rule is not breached if the appellant was given adequate opportunity to appear and present his case but chose not to avail himself of the opportunity.
Ratio Decidendi (Source)
Per Akintan, JSC, in Okike v. LPDC (2005) NLC-582004(SC) at pp. 48ā49; Paras DāB.
"The principle of fair hearing is not only a common law right, but also a constitutional right in Nigeria... The audi alteram partem rule is, however, not breached if the appellant was given adequate opportunity to appear and present his case or defence to the case made against him but he chose not to avail himself of the opportunity as in the instant case."
Explanation / Scope
Fair hearing is both a common law and constitutional right. Audi alteram partem requires opportunity to be heard, not actual hearing. The principle applies to constitutional law and procedure. The rule is not violated when a party voluntarily fails to use the opportunity given. The court or tribunal satisfies fair hearing by providing adequate notice and opportunity. Self-inflicted absence does not breach the principle.
