LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Refusal to Hear Application
PRINCIPLE STATEMENT
A judge's refusal to fix a date for hearing an application or to decline to hear an application duly filed amounts to a deliberate refusal to hear the application, which is a breach of the fundamental right to fair hearing. All proceedings following such a breach will be a nullity.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Afro-Continental (Nigeria) Limited v. Co-operative Association of Professionals Inc. (2003) NLC-771995(SC) at p. 8; Paras D–E.
"The refusal of the judge to fix a date for the hearing of the application or to decline to hear an application duly filed in the registry amounts to a deliberate refusal to hear the application. It is therefore a breach of fundamental right to fair hearing as enshrined in the Constitution. All proceedings which followed such a breach will be a nullity."
EXPLANATION / SCOPE
Refusing to hear a duly filed application violates fair hearing. The principle applies to all courts. The affected party is entitled to a hearing. The rule protects access to justice. Proceedings following the refusal are nullities. The appellate court will set them aside. The principle is fundamental.
