ELECTION LAW — Fair Hearing — Failure to Lead Proper Evidence — Recourse to Fair Hearing Discouraged
Ratio Decidendi
Per Fabiyi, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 58; Paras A—C:
"The appellant complained of breach of right of fair hearing. The appellant who failed to lead proper evidence and lay adequate foundation of its case should not have recourse to fair hearing; a ready tool for a party who appreciates that he has not properly discharged his functions. Such equates to clinging to a straw. This sort of stance should be discouraged."
Explanation / Scope
This principle establishes that a party who fails to lead proper evidence and lay adequate foundation should not resort to fair hearing as a ready tool; such recourse equates to clinging to a straw and should be discouraged. The principle applies where fair hearing is alleged. It ensures that fair hearing is not misused. The principle reflects the proper use of fair hearing. It prevents abuse of the principle. The court must discourage such recourse. The principle provides guidance on fair hearing.