YOUR RIGHT TO BE HEARD
“If there is one single right that has been so constantly, so frequently, and so vigorously agitated in our courts, it is the right to fair hearing”[1]
“Injustice anywhere is a threat to justice everywhere”[2]
It is trite that every citizen of Nigeria is entitled to fair hearing but the concept of fair hearing goes beyond filing a case in court and winning, there is more to it. It is a two way thing which if not well understood might make a lay man call lawyers liars. It is our intention to elaborate the concept and principles of fair hearing in a way that even the common man will know what the term fair hearing connotes.
The concept of fair hearing stems from natural justice and there are basically two main principles of fair hearing summarized in the Latin maxims : audi alteram partem and nemo judex in causa sua which means let the other side be heard and you cannot be a judge in your own cause, respectively.
Section 36 of the Constitution provides inter alia;
In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such a manner as to secure its independence and impartiality[3]
This Section raises some cardinal issues: civil rights and obligations; government or authority; fair hearing; reasonable time; court or tribunal. It is important to note that from the above Section that a court which is not duly constituted or not independent or partial cannot be said to have given fair hearing in the trial of a case. Furthermore, this section makes it mandatory for the court to hear and determine the issue in dispute brought before it, the court cannot give the litigants another subject of dispute, thus the Supreme Court per Karibi Whyte, J.S.C. held in the case of Nwokoro V. Onuma[4]
It is the primary obligation, of every court to hear and determine issues in controversy before it, and as presented to it by litigants. The court cannot suo motu formulate a case for parties. Hence the principle of fair hearing not only demands but also dictates that all the parties to a case must be heard on the case formulated and presented to them. It is only then that the concept of fair hearing will have a real meaning.
Section 36 talks about reasonable time, it means that for there to be a fair hearing there should be a prompt and speedy trial because a trial that has been prolonged might no more be regarded as a fair trial no matter how fair and applaudable the judgment might be. As they say, justice delayed is justice denied. For instance, recently, a Lagos court discharged and acquitted some accused persons who had been standing trial for many years because the prosecutors didn’t have enough evidence to prove their case even after the accused persons had been in prison for more than seven years and some co-accused even died in the prison. They were proclaimed innocent, true, but can we say that that was fair enough?
Section 36 is exhaustive on the concept of fair hearing; it gives more principles of fair hearing. Since it provides for fair hearing in a court of law or tribunal, it goes without saying that an accused person or aggrieved person should have an easy access to the court or how can one be heard fairly if he has not had his day in court? The way people are allegedly thrown into cells by our law enforcement for months and even years without a single charge in court is really regrettable.
The Constitution further provides that for a trial to be free and fair, it has to be in public except in some special cases like juvenile cases or cases relating to family issues.
An accused person is presumed innocent until proven guilty, this is the root of the principle of fair hearing, therefore, when instead of addressing an accused person as such, he is called a thief or rapist, it is a breach of his right to fair hearing.
The due process of the law must be followed to ensure fair hearing.
An accused person is entitled to a counsel or lawyer of his choice.An accused person has a right to be informed in the language he understands of the charges against him. It also follows that if an accused does not understand the language of the court, he is entitled to an interpreter during the trial process.
Fair hearing also includes that the records of the court must be kept for future purposes, which means every case in court should have a file and the judge is expected to take notes or records of the proceedings.
Furthermore, the doctrine of fair hearing is a bar against Ex Post Facto laws, meaning acts that were not against the Law at the time of the commission of the offence. That is laws that make an innocent act illegal. It also includes laws that increase the punishment for a criminal act and it decreases the standard of proof.
Finally, the principle of fair hearing is against the law of double jeopardy,that is trying a person twice for the same offence.
May we also note that the principle of fair hearing also includes the right to appeal and be heard on appeal.
In conclusion, we submit that the principles of fair hearing is in exhaustible and it is relative depending on the circumstance of each case but like it is said, justice is seen to be done when a reasonable man is of the opinion that justice has been done in a particular case, a reasonable man in this case is an honest lay man who understood the proceedings of the court and says there was fair hearing.
[1] Oputa C.A., Human Rights in the Political and Legal Culture of Nigeria, 2nd Idigbe memorial Lectures. Nigerian Law Publications, Lagos, 1989, p.99.
[2] Martin Luther King Jnr. (1929-1968) U.S Civil Rights Leader, Letter from Birmingham jail.
[3] Section 36(1), Constitution of the Federal Republic of Nigeria 2011.
[4] (1990) 3 NWLR(pt.136)p.25 at p.33
No comments:
Post a Comment