CONCEIT OF FAIR HEARING UNDER THE NIGERIAN LAW
CONCEIT OF FAIR HEARING UNDER THE NIGERIAN LAW
No Thumbnail Available
Date
1986-07
Authors
ALIYU, MUHAMMED HABIB
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Justice and fairness is the basis of the relationship
between government and its citizens. It is in fact the pivot
around which all civilised social existence revolves. History
has taught man that in restive moments and times of social stress
the quest for justice assumes greater dimension and significance.
Presently, most developing societies, such as Nigeria, are passing
through these restive moments. These societies are continually
engaged in the search for a viable polity wherein justice and
fairness shall rein supreme. The task has been made more daunting
in a situation where coup de etats, sudden and frequent change of
governments have become endemic. The not result, therefore, is
that the citizen is aflicted with a feeling of impotency and
hopelessness regarding the assertion of his fundamental rights.
This is precisely the juncture at which law should step in
to play its role of social engineering by balancing conflicting
social interests. The province of governmental executive action
must be legally and precisely defined vis-a-vis the citizens'
fundamental rights. In this regard, the concept of fair hearing,
as a universal standard of morality in public affairs should serve
as a reference point. The efficacy of the concept of fair hearing
lies in the fact that it is available to the guilty as well as the
innocent citizen. Even a condemned armed robber is entitled to a
fair trial under the law. This being the case, it is the more
necessary that the citizen and all concerned with public affairs
should understand what the concept of fair hearing entails and its
rules embody. This thesis should therefore be regarded as a modest
attempt in this direction.
In line with the title of the thesis tho method of
presentation is one in which the whole corpus of Nigerian
Law, Constitutional, Statutory nd Case law is examined to
determine the extent to which the Concept of fair hearing
is reflected in thoir operation, using the previsions of
section 33 of the 1979 Constitution of the Federal Re public
of Nigeria as the point of reference.
Chapter One deals with the nature, scope and underlying
objectives of fair hearing. No attempt will be made to offer
any general definition of the Concept of fair hearing. Rather
a descriptive analysis of the principle embodying the Concept
is prefered. This is in realisation of the inherent limitations
a generalised defintion suffers from.
In Chapter Two attempt is made to trace the origin and
development of fair hearing. The philosophical background as
well as the Common Law origin of fair hearing is described.
Its modern development and recognition in municipal as well
as International Law as a fundamental right is demonstrated
y reference to some modern Constitutions and International
Conventions. The intention here is to highlight the Universal
nature of the Concept as a principle of morality.
Chapter Three discusses the application of fair hearing
in civil proceedings in Nigeria. An indepth analysis of section
33 of the 1979 Constitution of the Federal Republic of Nigeria is
made. The emphasis hore is to demonstrate the efficacy of the
application of the Concept by reference to decided cases. Principles
that facilitate the actualisation of the Concept such as lucus standi
and independence of the judiciary are also discussed in this Chapter.
The last part of the Chapter discuses fair procedure and its
requirements. The application of tho Concept of fair hearing in
Criminal Proccodings in Nigeria is examined in Chapter Four.
The provisions of section 33 in relation to Criminal trial as
well as the various provisions of the Criminal Procedure Code
and Criminal Procedure act pertaining to fair trial are thoroughly
examined with reference to decided cases. To this end, the Chapter
is dividud into two parts. Part I deals with 'Fairness of Substantive
Criminal Law1, while Part II deals with the requirements
of 'Fair Trial'. Throughout this Chapter the d isc uss ion centred
around the provisions in subsections 4 to 13 of Section 33 of the
1979 Constitution of the Federal Republic of Nigeria. In this
Chapter the relevant provisions of the Evidence Act have also been
examined.
Chapter Five discusses the application of fair hearing in
administrative proceedings. The decision making processes of
administrative authorities, government and public functionaries
arc examined in order determine the extent to which the
requirements of fair hearing are complied with.
There are circumstances in the adjudicatory process where
the rules of fair hearing do not apply. For instance, it is a
requirement of fair hearing that trials are hold in public. But
this requirement may be waived in a situation where the principle
of 'State Privilege' applies. Also in a Contempt proceedings, some
requirements of fair hearing may not be strictly observed. All these
are regarded as exceptions to the rules of fair hearing. They are
discussed in Chapter Six. Also discussed in this Chapter is the
general restrictions on Fundamental flights in Section 41 of the
1979 Constitution of tho Federal Republic of Nigeria to see the
extent to which the provisions of section 33 of the same Constitution
are affected by those restrictions.
Chapter Seven discusses the Concept of fair scaling
under the Military regime. attempt is herein made to examine
tha extent to which the rules of fair hearing are observed in
a revolutionary situation such as exists in a military regime.
Legislative activities of Nigerian Military refines are examined
to see the extent to which fair hearing, as a democratic Concept,
is reflected in the various decrees and edicts tho Military enacted.
Of far greater interest is the analysis of the composition and
adjucatory procedure of the Special Military Tribunals that are
tho feature of all Military regimes in this country. Can their
procedure ensure a fair trial to the accused person? To what
extent are the provisions in Section 33 of the 1979 Constitution
of the Federal Republic of Nigeria observed by the Military
Tribunals? These and other questions have been examined in
this Chapter.
Chapter Eight deals with tho Conclusions reached as a
result of our discussion of the various issues highlighted
in relation to the application of the Concept of fair hearing
under the Nigerian Law. This is rather a summary of the major
observations made regarding the application of the Concept of
fair hearing in Nigeria.
Description
A "thesis submitted to the Post graduate School,
Ahmadu Bello University, in partial fulfilment
of the requirements for the decree of: LL.M
Keywords
CONCEIT,, FAIR,, HEARING,, UNDER,, NIGERIAN,, LAW,