The Right to Fair Hearing

  • The Right to Fair Hearing by Prof. Sabitu Olagoke

    Prof 3Fair hearing could be described as the process that ensures that the trial of an individual conforms to the fundamental concept of justice and equality.

    The right to fair hearing, therefore, requires that an individual ought not to be penalized by decisions affecting their rights or legitimate expectations, unless they have been given prior notice of the case.

    Secondly, a fair opportunity to respond must equally be given and thirdly, the opportunity to present their own case.

    Respect for the following four essentials are therefore crucial :

    Adequate notice should be served to the accused.

    2. The accused must be duly informed about the evidence against him, her or them.

    3. The accused must be given the opportunity to present his, her or their cases as well as the relevant evidences.

    4. The accused must be given the opportunity to contest adverse evidences.

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    It must be noted that presumptions, assumptions or insinuations are clogs in the wheel of an enabling environment for fair hearing. Therefore, the sine qua non or essential conditions for fair hearing must be created.

    The right to know the facts of the suit or case must be precondition for the commencement of any hearing.

    The right to fair hearing must be seen to have been achieved, not to give room to coercion or other process that negates the provisions of fair hearing.

    In addition, the right to fair hearing/public hearing before a competent, independent and impartial court or tribunal established by law must be guaranteed.

    The presumption of innocence without molestation without molestation must be guaranteed.

    The right to fair hearing is an essential ingredient of democracy and it ensures that the people’s interests are well taken care of when it comes to civil rights and obligations including any question or determination of by or against any government or authority, whereby a person shall be entitled to fair hearing within a reasonable time by a court or other tribunal established by law.

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