CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING – Whether parties must be heard before their rights are determined

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“It is a fundamental requirement of our adversarial system of administration of justice, that a party to the litigation before the Court must be heard before the Court can determine his civil rights or obligations before it. The CFRN 1999 as amended, provides in Section 36(1) thus:- “In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a Court or other Tribunal established by law and constituted in such manner as to secure its independence and impartiality.” This Court, in an unending chain of cases holds any proceedings wherein a breach of the foregoing Section of the Constitution is occasioned, a complete nullity. The Section is fundamental and must be adhered to strictly by all Courts of record. Any breach of the Section renders the entire proceedings where the breach is occasioned null and void. See: Nwabueze v. The People of Lagos State (2018) LPELR-44113 (SC); Poroye & Ors v. Makarfi & Ors (2017) LPELR-42738 (SC); Nwokoro & Ors v. Onuma & Anor (1990) LPELR-2125 (SC).” Per ABDU ABOKI, JSC in OKEKE v. UWAECHINA (2022-LCER-46525-SC) (Pp 6 – 7; Paras F – E)

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