have been of considerable weight, if the appellant had applied for an
adjournment on account of the absence of his counsel from Court and he was
refused the indulgence of such an adjournment. However, that is not the situation
here. Therefore, I do not think that it is an ingenuous contention that in all
situations and cases, an appeal predicated on a denial of fair hearing by a party
such as the appellant herein, is a talisman or cure for all medicine to impugn and
damnify a Court proceedings. This point was strongly and succinctly stated by the
learned jurist, Niki Tobi, J. S. C., in Orugbo v. Una (2002) 16 NWLR (pt. 792) 172;
(2002) 9 SCNJ 12 at page 17, 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. See Mohammed v. Kano N. A.
(1969) 1 All NLR 428; Funduk Engineering Ltd v. Mcarthur (1995) 4 NWLR (pt. 392)
640; Col. Yakubu (Rtd) v. Governor of Kogi State (1995) 8 NWLR (pt. 414) 386. The
reasonable man should be a man who keeps his mind and reason within the
bounds of reason and not extreme. And so if in the view of a reasonable man who
watched the proceedings, the principle of fair hearing was not breached, an
appellate Court will not nullify the proceedings. Fair hearing, which as entrenched
in the Constitution, is based on determining or testing the constitutionality of a
trial in terms of procedure. It is a very fundamental principle of law which the
parties and the Courts are free to apply in relevant situations in relation to the
facts of the case and not in vacuum. Accordingly, where the facts of the case
reject the principle, the Court will have no competence to force the principle of
law on the case." Furthermore, the learned Law Lord, at pages 36 - 37 of the
report, concluded, thus: "Fair hearing is not a cut-and-dry principle which parties
can, in the abstract, always apply to their comfort and convenience. It is a