Interpretation Cases, Essays, Materials, 2nd Edition, St. Paul Minnesota, West,
1989, page 959.
Resolution:
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 done. The right to fair hearing is a fundamental constitutional
right guaranteed by Section 36(1) of the 1999 Constitution; any breach of it
particularly in trials renders same null and void.
In the instant case, the appellants counsel, one A. S. Enyi, appeared for him on 4th
March, 2016 when the appellants plea was taken. He also appeared in Court and
moved the application for bail of the appellant which was refused on 8th April,
2016. He also appeared for the appellant on 23/9/16 (sic) when the PW1 and PW2