LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Restraining Order Made Ex-Parte Without Notice Violates Section 36(1) of the Constitution
PRINCIPLE STATEMENT
In the determination of civil rights and obligations, a person is entitled to a fair hearing by a court or tribunal established by law.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Unibiz Nigeria Limited v. Commercial Bank Credit Lyonnais Ltd. (2003) NLC-152001(SC) at p. 20; Paras A–B.
"In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality."
EXPLANATION / SCOPE
Ex-parte orders without notice may violate fair hearing if they finally determine rights. The principle applies to constitutional law. Restraining orders affecting civil rights require notice. The rule protects the right to be heard. The court will set aside orders made without jurisdiction. The principle is fundamental.