LIMITATION ON THE RIGHT TO FAIR HEARING IN JUDICIAL PROCEEDINGS IN NIGERIA

Résumé

The rule of natural justice as old as it has been provided the template and basis for hearing from parties before adjudication. Since then, the awareness to afford parties ample opportunity of being heard, has gained universal acceptance both within the legal, traditional, and socio-economic spheres. Evidently, the concept of fair hearing stipulates that both parties to a dispute must be given equal opportunity to present their cases. Incidentally, the specie as well as primary characteristic of the doctrine is captured as the principle of fair hearing which is enshrined in Section 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended. The right to fair hearing is so fundamental that no one can contend against a person’s right to be heard. It is a natural and fundamental right which must be adhered to when there is a complaint against another person. It is against this background that the paper argued that the right to fair hearing in judicial proceedings in Nigeria is limited. The authors therefore maintained that the right to fair hearing should not be limited to judicial proceedings and other tribunals established by law. Furthermore, the authors canvassed that the twin pillars of fair hearing; audi alteram partem and nemo judex in causa sua, required that both parties be heard before reaching a verdict and that the umpire cannot be a judge in his own cause, must be observed in the resolution of any dispute as this inviolable principle of natural justice, have enjoyed steady patronage among family members, communities and customary arbitrations. Consequently, they concluded that while the specie of fair hearing can be situate in judicial proceedings, same cannot be said of the generis natural justice.