CONSTITUTIONAL LAW – BREACH OF RIGHT TO FAIR HEARING – Whether a party who had an opportunity of being heard but did not utilize it can bring an action for breach of fair hearing


“…The implication of all that I have been saying, is that the Appellant, had knowledge of the pendency of the appeal, and failed to take requisite steps. By being served with the CIVIL FORM 14, which is a summons to settle the Record of Appeal, (and which presupposes that there is an appeal) and by pasting the Notice of Appeal and other processes at his permanent house address situate at Akama Ngo Village Igboukwu, (an address he provided himself, as borne out of pages 1 and 51 of the Record), the Appellant had knowledge of the pendency of the appeal. He cannot therefore be heard to complain of lack of fair hearing. It has been held severally by this Court that where the Court creates an enabling environment for the parties to ventilate their grievances either in the prosecution or defence of their case, the failure of a party to take advantage of such conducive environment cannot be the basis for a complaint of lack of fair hearing. See Ayoade v. The State (2020) LPELR-49379 SC.” Per ABDU ABOKI, JSC in OKEKE v. UWAECHINA (2022-LCER-46525-SC) (Pp 9 – 10; Paras E – C)

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