LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — When a Party Has Not Been Afforded an Opportunity to Present His Case
PRINCIPLE STATEMENT
If one of the parties is refused a hearing or not given an opportunity to be heard, the hearing cannot qualify as a fair hearing. Without fair hearing, natural justice is abandoned, and the rule of law cannot be established.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Ndukauba v. Kolomo & Anor (2005) NLC-2372000(SC) at p. 5; Paras B–C.
"If one of the parties is refused a hearing or not given an opportunity to be heard, the hearing cannot qualify as a fair hearing... Without fair hearing, the principles of natural justice are abandoned; and without the guiding principles of natural justice, the concept of the Rule of Law cannot be established and grow in the society."
EXPLANATION / SCOPE
Refusal or denial of opportunity to be heard vitiates fair hearing. Natural justice and the rule of law require fair hearing. The principle applies to constitutional law. Absence of fair hearing undermines the legal system.