Ors v. The State (1994) 10 SCNJ 1." Per OGUNWUMIJU, J.C.A. (P. 34, Paras. D-E) (...read in context) 9. CONSTITUTIONAL LAW - RIGHT TO FAIR HEARING: Essential elements of fair hearing "The right to fair hearing guaranteed by Section 36(1) of the Constitution has two pillars namely audi alteram partem and nemo judex in causa sua meaning that both sides must be given every reasonable opportunity of being heard and no one shall be a judge in his own cause." Per BOLAJI-YUSUFF, J.C.A. (P. 36, Paras. B-C) (...read in context) 10. CONSTITUTIONAL LAW - RIGHT TO FAIR HEARING: Test of fairness/fair hearing in proceedings "Now, Section 36 (6)(d) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, provides, inter alia: "36.(6) - Every person who is charged with a criminal offence shall be entitled to (d) examine, in person or by his legal practitioner, the witness called by the prosecution before any Court or Tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the Court or Tribunal on the same conditions as those applying to the witnesses called by the prosecution......" In the circumstances and facts of this matter, it is clear to me that the appellant rightly exercised his fundamental right to fair hearing as stipulated under Section 36(6)(d) of the Constitution (supra). To my mind, the submissions of appellant's counsel could