project topic on fair hearing
Fair Hearing and Its Importance In The Administration of Justice In Nigeria by Ikuforiji Dimeji
From time immemorial the principle of fair hearing has been considered as part of the rules of natural justice.
The Bar Credit: Artistic Impression
From time immemorial the principle of fair hearing has been considered as part of the rules of natural justice. The doctrine of natural justice as it concerns procedural fairness to ensure a fair decision is reached; furthermore it entrenches equality before the law by maintaining procedural fairness, protecting the rights of individuals (accused) and enhances public confidence in the process of administration of justice.
[pullquote]“The Almighty God gave us two ears so that we may hear both sides” Per Justice oputa.[/pullquote]-
In our constitution, this right is enshrined in Section36(1) & (4) CFRN.
Section 4 provides that : ” whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal.
This is to the effect that after an accused must have been informed of the offence against him, such accused is thereto allowed to give evidence against the fact in issue.
The supreme court having understood the importance of fair hearing to criminal trial, in the case of Effiom v. The state. prescribed the essential element of fair hearing as follows:
1). Easy access to court
2). Right to be heard
3). Impartiality of adjudicating process
4). Principles of Nemo judex in causa sua
5). Whether there is inordinate delay in delivery judgement.
The principles of natural justice were derived from the Romans who believed that some legal principles were “natural” or self-evident and did not require a statutory basis. This principle is therefore hinged on two maxims knows as the twin pillar of justice. These are:
a) audi alteram partem (hear both parties)
b). Nemo judex in causa sua (no one should be a judge in his own case).
AUDI ALTERAM PARTEM
This maxim connote that “No one shall be condemned unheard” that is every party to a suit must be allowed to give evidence for or against the fact/allegations against him.
This rule requires that a person must be allowed an adequate opportunity to present their case where certain interests and rights may be adversely affected by a decision-maker.
To ensure that these rights are respected, the deciding authority must give both the opportunity to prepare and present evidence and to respond to arguments presented by the opposite side.
Per Justice Oputa in explaining this maxim, in relation to the principle of fair hearing said: “The Almighty God gave us two ears so that we may hear both sides”.
Furthermore after examining the essential of the Right / principle of fair hearing and how old a practice it is. Justice Fortuscue relates an incident in R v. University of Cambridge to the case in the Garden of Eden in the Bible stating that ” Before God condemned Adam and Eve, He gave them a fair hearing to rebut the allegation of divine obedience”.
We must however note that a court of law can convict an accused person who chooses to say nothing in his defence. See S.287 CPA. This is to the effect that where an accused fail, ignore or neglects to state his case, he cannot claim that his right to fair hearing has been violated.
NEMO JUDEX IN CAUSA SUA.
This maxim means “no one should be a judge in his own cause” This is to the effect that a judge must not have any personal interest in the case before him. See the case of Gani fawehinmi v. Legal Practitioners Disciplinary Committee.
The rule states that no one ought to be judge in his or her case or a matter in which he/she has an interest in the matter . This is the requirement that the deciding authority must be unbiased in his administration of justice.
Additionally, investigators and decision-makers must act without bias in all procedures connected with the making of a decision.
A decision-maker must be impartial and must make a decision based on a balanced and considered assessment of the information and evidence before him or her without favouring one party over another.
Even where no actual bias exists, investigators and decision-makers should be careful to avoid the appearance of bias.
For an effective workability of the principle of Fair Hearing the court in its administration of justice must ensure ;
1). That an accused person understand whatever that is said at the trial including the evidence adduced, this is to the effect that “An accused person is entitled to have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offence” –S.36(6)(e)CFRN.
Thus, there should be adequate interpretation to the accused person of anything said in a language which he does not understand, and equally that there should be adequate interpretation to the court of anything said by the accused in a language which the court does not understand.
2). That the right of the accused person to defend himself in person or by Legal practitioner of his own choice is not violated.
Thus, by virtue of. S.36(6)(c) CFRN “A person charged with a criminal offence is entitled to defend himself in person or by legal practitioners of his own choice”
An accused person who appear who appears in court without a counsel is entitled to be informed by a court of his right to defend himself personally or through a counsel of his choice. Where an accused person in a trial. Of capital offence appears with a counsel, a High Court may assign a counsel to such accused person.
Dimeji Kuforiji
Dimeji Ikuforiji is a Law Graduate from Olabisi Onabanjo University Ago Iwoye
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