CONSTITUTIONAL LAW — Fair Hearing — Section 36(1) of 1999 Constitution — Failure to Consider Arguments Amounts to Breach
Ratio Decidendi
Per Fabiyi, JSC, citing Ayoola, JSC, in Tunbi v. Opawole (2000) 2 NWLR (Pt. 644) 275 at 288, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at p. 15; Paras B—C:
"A party cannot be said to have been given his right of fair hearing when his arguments have been shut out from consideration, albeit by mistake."
Explanation / Scope
This principle establishes that a party’s right to fair hearing is breached when their arguments are shut out from consideration, even if by mistake. The principle applies in all proceedings. It ensures that arguments are considered. The principle reflects the requirements of fair hearing. It prevents omission of arguments. The court must consider all arguments. The principle provides guidance on fair hearing.