LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Principle of Fair Hearing Fundamental and Absence Vitiates Proceedings
PRINCIPLE STATEMENT
The principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however well conducted.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Alsthom S. A. & Anor v. Saraki (2005) NLC-1201996(SC) at p. 16; Paras A–B.
"There is no doubt at all that the principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however well conducted."
EXPLANATION / SCOPE
Fair hearing is a fundamental requirement of judicial proceedings. Its absence renders proceedings a nullity regardless of how well otherwise conducted. The principle applies to constitutional law. The rule places fair hearing on par with jurisdiction as a foundational requirement. Any breach, no matter how minor, vitiates the proceedings. The court cannot cure a fair hearing violation by good intentions or otherwise proper conduct.
