In the recent case of "First Option Motors Ltd. & Anor. vs. Ogun State Government & Ors"
the Court of Appeal delivered a significant judgment emphasizing the importance of the constitutional right to fair hearing. The case centered around the revocation of the appellants' land title without affording them an opportunity to present their case. This article explores the key principles discussed in the judgment and their implications for adhoc bodies tasked with determining individuals' rights.
The Principle of Fair Hearing:
The Court of Appeal reiterated that the right to fair hearing is a fundamental principle enshrined in the Nigerian Constitution. Section 36(1) of the 1999 Constitution guarantees that every person is entitled to a fair hearing within a reasonable time by a court or tribunal established by law. This principle applies not only to courts but also to adhoc bodies with the authority to determine individuals' rights.
The Obligation to Hear Parties:
The judgment emphasized that parties must be given the opportunity to present their case before their rights are affected. Denying a party the right to be heard not only violates the principles of fair hearing but also renders the entire proceedings null and void. The court cited various precedents that underscored the importance of hearing both sides of a dispute and the consequences of breaching this fundamental principle.
Adhoc Bodies and Fair Hearing:
The Court of Appeal clarified that adhoc bodies, such as commissions of inquiry, must also adhere to fair hearing rules. The fact that a body is established to conduct fact-finding does not exempt it from the obligation to observe fair hearing principles. The court held that any proceedings conducted in breach of fair hearing rights, regardless of how well-conducted they may be, would be rendered null and void.
Implications of the Judgment:
The judgment in *First Option Motors Ltd. & Anor. vs. Ogun State Government & Ors.* has significant implications for the protection of individuals' rights. It establishes that any decision or recommendation made without affording parties a fair hearing is fundamentally flawed and can be set aside. The breach of fair hearing has a profound effect on the proceedings and renders any subsequent actions based on such a breach null and void.
Conclusion:
The Court of Appeal's judgment in *First Option Motors Ltd. & Anor. vs. Ogun State Government & Ors.* serves as a landmark decision reaffirming the constitutional right to fair hearing. It highlights the obligation of adhoc bodies to observe fair
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