CONSTITUTIONAL LAW — Fundamental Rights — Right to Fair Hearing — Non-joinder of necessary party as breach of fair hearing
Principle Statement
It clearly amounts to a breach of his fundamental rights to fair hearing by virtue of Section 36(1) of the 1999 Constitution not to have joined him at every stage of the proceedings at the Federal High Court.
Ratio Decidendi (Source)
Per Adekeye, JSC, in Okonta v. Philips & Ors (2010) NLC-123-194-2010(SC) at p. 3; Paras A–B.
"It clearly amounts to a breach of his fundamental rights to fair hearing by virtue of Section 36(1) of the 1999 Constitution not to have joined him at every stage of the proceedings at the Federal High Court."
Explanation / Scope
This principle establishes that non-joinder of a necessary party amounts to a breach of fair hearing under Section 36(1). The principle applies where a necessary party is not joined. It ensures that parties affected by proceedings are heard. The principle reflects the constitutional right to fair hearing. It prevents decisions against parties without notice. The court must ensure necessary parties are joined. The principle provides guidance on the effect of non-joinder on fair hearing.
