CONSTITUTIONAL LAW – BREACH OF RIGHT TO FAIR HEARING – Effect of breach of right to fair hearing


“I think, it was in the notorious case of GARBA VS. UNIMAID, that this Court aptly reiterated the genesis of the fundamental doctrine of fair hearing: Even God gave Adam an oral hearing despite the evidence supplied by his nakedness before the case against his continued stay in the Garden of Eden was determined against him… Once an Appellant shows that there is an infringement of the principle of natural justice against him, it is my view that he needs show nothing more. The finding that there is an infringement of the principle is sufficient to grant him a remedy. See GARBA VS. UNIMAID (1981) INSCC 25; ADIGUN VS AG. OYO STATE (1987) NWLR (Pt. 53) 677 @ 707; COLE VS. MATTINS (1968) All NLR 161.” Per SAULAWA, JSC inADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 52 – 53 Paras D – A)

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