RIGHT OF FAIR HEARING

RIGHT OF FAIR HEARING

PATRICK ZIIDEEH V. RIVERS STATE CIVIL SERVICE COMMISSION


ISSUE

RIGHT OF FAIR HEARING: Fundamental nature and consequence of fair
hearing

PRINCIPLE

"The right of a person to a fair hearing is so fundamental to our
concept of justice that it can neither be waived nor taken away by a
statute, whether expressly or by implication. Fair hearing is not only
a common law right but also a constitutional right. Thus, by virtue of
section 33 (1) of the Constitution of the Federal Republic of Nigeria,
1979, relied upon in the instant case, in the determination of his
civil rights and obligations, a person is entitled to a fair hearing
within a reasonable time by a court or other tribunal established by
law. The requirement of this provision of the Constitution entails the
observance of the twin pillars of the rules of natural justice, namely
audi alteram partem and nemo judex in causa sua". Per. Muhammed JSC.

OTHER CITATIONS

Ziideeh v. Rivers State Civil Service Commission (2007) ALL FWLR (Pt.
354) 243 at 256 Paras. E - H (SC)

Ziideeh v. Rivers State Civil Service Commission (2007) 1 - 2 SC 1 at
12 â€" 13 Lines 15 - 40

Att.-Gen., Rivers State v. Ude (2007) ALL FWLR (Pt. 347) 598 at 613
Paras. F - G (SC)

CASES CITED ON ISSUE

Ntukidem v. Oko (1986) 5 NWLR (Pt. 45) 909
UNTHMB v. Nnoli (1994) 8 NWLR (Pt. 363) 376;
Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt. 622) 290
STATUTES CITED

Section 33 (1) of the Constitution of the Federal Republic of Nigeria,
1979.