ABSTRACT
Fair hearing is a universal concept and an age-long principle recognized by God Himself. It is a principle which posits that every man is entitled to be heard in any cause or matter before any decision is made against him and that no man should be a judge in his own cause. This rule must be applied by courts, tribunals and by any person who has the power to adjudicate on any matter affecting the rights and obligations of any individual. It is recognized by International bodies and Constitutions of many countries. The principle enshrined in section 36 of the 1999 Constitution of the Federal Republic of Nigeria represents an indispensable cornerstone of the well settled rules of natural justice, which must be observed in every determination affecting the rights and obligations of a person. This project is written to show the fundamentality of the concept or principle of fair hearing and the effect of non-compliance in adjudication. The research work has five chapters, while chapter one is a general overview of the research project which will foreshadow the topic in the background of the study, chapter two is the literature review of the research where ideas of other authors on the subject matter are discussed, literature gaps identified, addressed and filled in the project. Chapter three is an appraisal of the twin pillars of Fair Hearing and also an identification of the basic constitutional rights available to an accused person and a discuss of the limitations to the attainment of fair hearing. Chapter four deals with the constitutionality of the right to fair hearing, the consequences of its breach and whether or not it can be ousted by any law. Chapter five is the summary, conclusion and recommendations.
TABLE OF CONTENTS
Title page i
Certification ii
Dedication iii
Acknowledgement iv
Abstract vi
Table of Contents vii
Table of Statutes ix
Table of Cases xi
List of Abbreviations xiv
CHAPTER ONE
GENERAL INTRODUCTION
- Background of Study 1
- Statement of the Problem 3
- Objectives of the Study 4
- Significance of the Study 4
- Scope of the Study 5
- Research Method 5
- Definition of Terms 6
CHAPTER TWO
LITERATURE REVIEW
CHAPTER THREE
FAIR HEARING AND NATURAL JUSTICE
- The Rules of Natural Justice 30
- The Operational Pillars of Natural Justice as the
Root of Fair Hearing 31
- The Principle of Audi Alteram Partem in Fair Hearing 32
- The Principle of Nemo Judex In causa sua in Fair Hearing 35
- Innovative Provisions of the Administration
of Criminal Justice Act 2015 48
- Limitations of Constitution Rights in Criminal Justice 53
CHAPTER FOUR
THE CONSTITUTIONAL FRAMEWORK FOR FAIR HEARING
- The Right to a Fair Hearing under the 1999 Constitution 57
- Effect of Non-compliance with the Principle of
Fair Hearing in Adjudication 58
4.3 Can the Provision of Fair Hearing be ousted by Law? 64
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATIONS
- Summary
- Conclusion
- Recommendations
Bibliography
CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
A corrupt-ridden society is most likely to have a moral decadence-conscious writers who admonish the debased and morally degenerated sphere of that society. Literary works in one form or the other usually depict these events. Writers do not write in a vacuum, rather, their artistic materials are gotten from the society they live in. They are largely inspired by what the society reveals to them and they in turn transmit these experiences into their works of art. Amma Darko typifies these artistic vision.
The African society is engulfed by increasing frequency of child abuse as the accusing finger is pointed to the family unit. Thus, making Darko highlight this issue as a factor for the deterioration of societal values. Many modern families are dysfunctional with either parent leaving the home and children uncared for. On the contrary, however, many parents hardly live together in harmony to nurture their children. In most cases, when this type of situation arises, children grow wild and take to delinquent behaviour.