The evidential value of the doctrine of fair hearing in the administration of justice: a general examination with specific focus on the Nigeria State

Abstract

The principle of fair hearing is an important concept in our inquisitorial justice system. The principle cuts across several field of laws namely Constitutional Law, Administrative Law, Law of Tort etc, and above all, the observation of the concept is better felt in the Law of Evidence as regard any adjudicatory proceedings, be it judicial or administrative, hence, where the principle of fair hearing has been violated and or trampled upon during adjudicatory processes, the proceedings would be declared null, void and of no effect whatsoever. Due to the importance of the prmciple of fair hearing, it has been observed that many a time, litigants cry wolf were there is none by knowingly or unknowingly raise the issue of fair hearing even where an adjudicatory body had followed due process in the proceeding that affect their interest thinking that the mere invocation of the concept is a magic wand that will render the proceedings before such body to be set aside without more and thereby escape the wrath of law. Because of this apparent misconception on the part of litigants and their counsel, the focus of this paper is to examine in minute detail the evidential value of the principle of fair hearing. In doing this, references will be made to decided cases to expose the import of the concept and thereby educate litigants on what constitute breach of fair hearing in legal proceedings so as to prevent the invocation of the principle on frivolous grounds.