principle which is based and must be based on the facts of the case before the Court. Only the facts of the case can influence and determine the application or applicability of the principle. The principle of fair hearing is helpless or completely dead outside the facts of the case." In the circumstances and facts of the instant case as I demonstrated earlier in this judgment, I am of the considered and firm opinion that the complaint of fair hearing at appellant's instance is more of flying a kite and unreal. It is therefore unavailing to him. So, I resolve issue 1 against the appellant and in favour of the respondent." Per YAKUBU, J.C.A. (Pp. 14-17, Paras. E-E) (...read in context) 11. CONSTITUTIONAL LAW - RIGHT TO FAIR HEARING: Attributes of the principle of fair hearing "I should state emphatically straight away, that fair hearing is the touchstone of justice. And that nothing rankles the spirit and soul of a person than a resonating feeling that he was not afforded a fair hearing in a Court of law, in a matter that was decided against him in that Court. That is why, in Section 36(1) of the 1999 Constitution (as amended), the hallowed principle of fair hearing is clearly entrenched and enshrined. This principle was succinctly reiterated in Rear Admiral Francis Agbiti v. The Nigerian Navy (2011) 2 SCNJ 1; (2011) LPELR - 2944 (SC) at p. 47 per Adekeye, JSC, inter alia:- "The basic criteria and attributes of fair hearing are: (a) That the Tribunal or Court must hear both sides not only in the case but also on material issue in the case before reaching a decision. (b) That having regard to all the circumstances in every material decision in the case, justice must not only be done but must manifestly and undoubtedly be seen to have been