CONSTITUTIONAL LAW ā Fundamental Rights ā Fair Hearing ā Applicability of Fair Hearing Principle Depends on Facts of Each Case
Principle Statement
Fair hearing is not a cut and dry principle which parties can always apply to their comfort and convenience. It is based on the facts of the case before the court. Only the facts can influence and determine the application of the principle. The principle of fair hearing is helpless or completely dead outside the facts of the case.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Magit v. University of Agriculture, Makurdi & Ors. (2005) NLC-4162001(SC) at p. 13; Paras DāE.
"Fair Hearing is not a cut and dry principle which parties can, in the abstract, always apply to their comfort and convenience. It is a principle which is based and must be based on the facts of the case before the court. Only the facts of the case can influence and determine the application or applicability of the principle. The principle of fair hearing is helpless or completely dead outside the facts of the case."
Explanation / Scope
Fair hearing is not a rigid abstract rule; its application depends on the specific facts of each case. The principle cannot be invoked in a vacuum. The principle applies to constitutional law and fair hearing. The rule requires context-specific analysis. Not every procedural departure amounts to a fair hearing violation. The facts determine what fairness requires.
