AMBROSE ALLI UNIVERSITY STUDENTS JUDICIARY
STUDENTS' JUDICIARY, AMBROSE ALLI UNIVERSITY.⚖
FAIR HEARING
The doctrine of fair hearing is considered from time as one of the most integral rules of natural justice. In the most general sense, a hearing is said to be fair when it is conscionable and just ie. when such hearing does substantial justice to the parties involved.
In the strict interpretation of the law, fair hearing as a component of natural justice relates to procedural candor and fairness which guarantees impartiality, popular acceptance, legitimacy and a sense of confidence in the administration of justice.
This principle of law is substantially encapsulated in two foundational maxims viz;
1. Nemo Judex Incausa Sua
2. Audi Altarem Partem
On the first part, it is meant that _"no one is allowed to be a judge over his own case"_ . This rule envisages the possibility of bias and partiality if a person is allowed to adjudicate over a case in which he is personally involved or has any remote interest. Hence, in order for substantial justice to be done and seen as having been done to both parties to a hearing, an adjudicator- a judge, an arbitrator, head of a disciplinary panel etc. ought to be an independent third party, in the interest of fair hearing.
The second rule of fair hearing- Audi altarem partem points to the effect that both sides to a dispute must be adequately heard and allowed to make their case. Hence, a person who has been indicted for a particular offence before a court of law, must be given an opportunity to exercise his right of defence embodied in the principle fair hearing. No one should be convicted on the weight of mere allegations, however apparent. Hence, an accused person is entitled as of right, to either admit his "guilt" or defend himself by providing evidence that exonerate "her" from the allegation.
The right to fair hearing is a fundamental and inalienable right available to every citizen of Nigeria, encapsulated under Section 36, Chapter 4 of Constitution of the Federal Republic of Nigeria 1999(As amended). This section contains among other attendant rights,
-The right to be heard within a "reasonable time" by a court or tribunal.
-Right of personal or legal representation.
-The right of appeal when a party is dissatisfied with the decision of a lower court.
-Right to a public hearing. ie. For proceedings and announcement of decision to be done in a public location- a court room for example.
-Presumption of innocence on account of any allegation until a person is proven guilty.
-Right to an interpreter and legal representative in the event a person charged with a criminal offence does not understand the language of the Court and cannot afford the services of a legal practitioner on the other hand. etc.
The right to fair hearing is also rooted in the various rules of evidence, criminal and civil procedure under the Evidence Act 2011, Administration of Criminal Justice Act 2015 and the various Civil Procedure Rules in Nigeria.
It is concluded on the famed authority of Mohammed v. Kano Native Authority decided in 1968, that:
The true test of fair hearing is the impression of a reasonable person who was present at the trial, whether from his observation, justice has been done in the case. Per Ademola C.J.N.(as he then was). (1968) All N.L.R 424.
🖊 His Lordship, Fortune Ihator, Chief Justice of the Students' Union Supreme Court.
The doctrine of fair hearing is considered from time as one of the most integral rules of natural justice. In the most general sense, a hearing is said to be fair when it is conscionable and just ie. when such hearing does substantial justice to the parties involved.
In the strict interpretation of the law, fair hearing as a component of natural justice relates to procedural candor and fairness which guarantees impartiality, popular acceptance, legitimacy and a sense of confidence in the administration of justice.
This principle of law is substantially encapsulated in two foundational maxims viz;
1. Nemo Judex Incausa Sua
2. Audi Altarem Partem
On the first part, it is meant that _"no one is allowed to be a judge over his own case"_ . This rule envisages the possibility of bias and partiality if a person is allowed to adjudicate over a case in which he is personally involved or has any remote interest. Hence, in order for substantial justice to be done and seen as having been done to both parties to a hearing, an adjudicator- a judge, an arbitrator, head of a disciplinary panel etc. ought to be an independent third party, in the interest of fair hearing.
The second rule of fair hearing- Audi altarem partem points to the effect that both sides to a dispute must be adequately heard and allowed to make their case. Hence, a person who has been indicted for a particular offence before a court of law, must be given an opportunity to exercise his right of defence embodied in the principle fair hearing. No one should be convicted on the weight of mere allegations, however apparent. Hence, an accused person is entitled as of right, to either admit his "guilt" or defend himself by providing evidence that exonerate "her" from the allegation.
The right to fair hearing is a fundamental and inalienable right available to every citizen of Nigeria, encapsulated under Section 36, Chapter 4 of Constitution of the Federal Republic of Nigeria 1999(As amended). This section contains among other attendant rights,
-The right to be heard within a "reasonable time" by a court or tribunal.
-Right of personal or legal representation.
-The right of appeal when a party is dissatisfied with the decision of a lower court.
-Right to a public hearing. ie. For proceedings and announcement of decision to be done in a public location- a court room for example.
-Presumption of innocence on account of any allegation until a person is proven guilty.
-Right to an interpreter and legal representative in the event a person charged with a criminal offence does not understand the language of the Court and cannot afford the services of a legal practitioner on the other hand. etc.
The right to fair hearing is also rooted in the various rules of evidence, criminal and civil procedure under the Evidence Act 2011, Administration of Criminal Justice Act 2015 and the various Civil Procedure Rules in Nigeria.
It is concluded on the famed authority of Mohammed v. Kano Native Authority decided in 1968, that:
The true test of fair hearing is the impression of a reasonable person who was present at the trial, whether from his observation, justice has been done in the case. Per Ademola C.J.N.(as he then was). (1968) All N.L.R 424.
🖊 His Lordship, Fortune Ihator, Chief Justice of the Students' Union Supreme Court.
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