FAIR HEARING; MEANING, SCOPE, ELEMENTS AND EXCEPTIONS
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- October 14, 2023
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Onah, Hyginus Chinweuba PhD1 & Nwodo, Amechi Joseph PhD2
Department of Legal Studies, Institute of Management and Technology, IMT, Enugu
Citation: Onah, H. C. & Nwodo, A. J. (2023). Fair hearing; meaning, scope, elements and exceptions. International Journal of Law and Global Policy, 4(2), 1-12. DOI: https://doi.org/10.5281/zenodo.10003572
The right to a fair hearing universally encompasses six essential principles. Firstly, it guarantees a fair and public hearing within a reasonable time, overseen by an independent and impartial decision-maker. Additionally, it ensures access to all relevant information, openness to the public (with exceptions for highly sensitive cases), the right to representation and an interpreter if needed, and a public decision followed by an explanation of the reasoning behind it. These principles find resonance in historical and religious contexts. In the Biblical account of Adam’s trial, God exemplified the importance of hearing both sides before passing judgment. Similarly, Islamic Hadith emphasizes the necessity of listening to both parties before making a decision. The Magna Carta of 1215 marked the first statutory recognition of these principles, establishing a rule of law for England’s sovereigns. Chief Justice Sir Mathew Hale’s 1676 tenets stressed the importance of considering the entire case before forming a judgment. Chimamanda Ngozi Adichie’s work “The Danger of a Single Story” illustrates the consequences of one-sided narratives. The concept of “Audi Alteram Partem,” meaning ‘hear the other side,’ emphasizes fair hearing not just in judicial proceedings but in all aspects of governance and social interactions. The Supreme Court’s ruling in Akoh v. Abuh reinforced the idea that fair hearing involves confronting witnesses, challenging evidence, summoning witnesses, and presenting evidence without hindrance. Legal proceedings entail pre-trial, trial, and post-trial rights, all of which must be respected for justice to prevail. This study, reliant on secondary sources, delves into these principles, highlighting their significance across historical, religious, and legal contexts. The essence of fair hearing, rooted in nature, remains unchanged, ensuring a just and equitable society.
Keywords: Natural Justice; Audi Alterem Partem; Nemo Judex in Causa Sua; Rule of Law; Fair Hearing