FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal – Effect of lack of fair hearing on the decision of Court:

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The law is well settled that once there is denial of fair hearing, The only order this court can made is one of retrial or rehearing before the lower court to enable the Appellant be properly heard on the issue. See OTAPO V. SUMONU (1987) 12 NWLR (Pt. 58) 587; RASAKI SALU v. MADAM TOWURO EGEIBON (1994) 6 NWLR (Pt. 348) 23; ALHAJI SANI ABUBAKAR DANLADI V. BARR. NASIRU AUDU DANGIRI & 6 ORS. (2015) 2 NWLR (Pt. 1442) 124 and ONUWA KALU V. STATE (2017) 14 NWLR (Pt. 1586) 523 at 547. This court in KALUV. STATE (2017) LPELR-42101 (SC) held as follows and I quote: “once there is a breach of the right of fair hearing, the whole proceedings in the course of which the breach occurred and the decision arrived at by the Court become a nullity. Audu v FRN (2013) LPELR –19897 (SC) 13; D-F; Akinfe v. The State (1988) 3 NWLR (pt. 85) 729, 753; Bamgboye v. University of llorin 1999 10 NWLR (Pt. 622) 290, 333. See also NUT TARABA STATE & ORSV. HABU & ORS (2018) LPELR-44057 (SC) Per TIJJANI ABUBAKAR, JSC in WEMA BANK PLC V. ABRAHAM OLOTU (2022-LCER-46556-SC) at Pp. 27 – 28; Paras. B – A.

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FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal – Effect of lack of fair hearing on the decision of Court

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