FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Fundamental Nature of Right to fair hearing – Effect of breach of fair hearing on the decision of Court:

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…I agree with his reasoning and conclusion. The issue of fair hearing holds a formidable position in the eyes of the law. This is because the consequence of a breach of the rule of natural justice of fair hearing is that the proceedings in the case are null and void – see Salu V. Egeibon (1994) 6 NWLR (Pt. 348) 23, wherein this Court, per Adio, JSC, further observed that: If the principle of natural justice is violated, it does not matter whether if the proper thing had been done the decision would have been the same; the proceeding will still be null and void. In other words, if the principles of natural justice are violated in respect of any decision, it is immaterial whether the same decision would have been arrived at in the absence of the departure from the essential principles of justice. The decision must be declared to be no decision. In other words, a breach of fair hearing strikes deeply at the very roots of a trial, and renders the whole trial a nullity – see Adigun V. A.- G., Oyo State (1987) 1 NWLR (Pt. 53) 678 at 721, wherein this Court per Eso, JSC, explained that: 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. This is not a case where one, after showing injuria, would need to proceed to show damnum. The injuria herein is proof positive of damnum. In this case, the Court of Appeal erroneously used the original Notice of Appeal, which contained three Grounds of Appeal, in determining the Appeal before it, even though the Appellant sought and was granted leave to amend the original Notice of Appeal by substituting and extending the Grounds of Appeal to nine. The Appellant also sought and was granted leave to canvass new points that were not raised at the trial Court. In other words, the Court of Appeal relied on the wrong process to determine the Appeal, and it also failed to consider the new issues for Determination formulated by the Appellant for its attention. This is a serious blunder, which constitutes a clear breach of fair hearing, and without more being said, the Judgment of the Court of Appeal is a nullity.” Per AMINA ADAMU AUGIE, JSC in WEMA BANK PLC V. ABRAHAM OLOTU (2022-LCER-46556-SC) at Pp. 1 – 2; Paras. E – E.

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FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Fundamental Nature of Right to fair hearing – Effect of breach of fair hearing on the decision of Court

PRINCIPLES

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