LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Right to Fair Hearing — Delivery of Judgment in Chambers as Nullity
PRINCIPLE STATEMENT
The provisions of Section 33(3) of the 1979 Constitution are fundamental and must be strictly adhered to by all courts. Giving judgment in chambers instead of in public renders the judgment a nullity and vitiates the entire proceedings.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC (adopting Belgore, JSC in Nigeria Arab Bank v. Barri Engineering Ltd.), in Nuhu v. Ogele (2003) NLC-961998(SC) at pp. 21–22; Paras A–B.
"The provisions of Section 33(3) of the Constitution are fundamental and must be adhered to strictly by all courts of record subject to the exception explained above in respect of certain applications before the Supreme Court. ... On this issue alone of giving judgment not in public as demanded in Section 33(3) under Fundamental Rights in Chapter IV of 1979 Constitution, but in chambers, the judgment is a nullity and vitiates the entire proceedings."
EXPLANATION / SCOPE
A judgment delivered in chambers is a nullity. The principle applies to all courts of record. The constitutional requirement is mandatory. The rule protects the right to fair hearing. The entire proceedings are vitiated. The appellate court will set aside the judgment. The principle is fundamental.
