INSPECTOR GENERAL OF POLICE & ORS v. ALHAJI ABDULYAQUEEN JIMOH ADEMOLA
(2014)LCN/6855(CA)
RATIO
CONSTITUTIONAL LAW: THE PRINCIPLE OF FAIR HEARING
“…..The fair hearing Principle enshrined in Section 36 of the 1999 Constitution is not for the weakling, the slumberer, the indolent or the lazy litigant. It is for the party who is alive and kicking in the judicial process by taking advantage of the principle at the appropriate time. The Principle is not available to a party who sets a trap in the litigation process against the Court and accused the Court of assumed wrongdoing even when such so called wrongdoing is as a matter of fact, propelled or instigated by the party through his Counsel.” See DANTATA v. MOHAMMED (2012) 8 NWLR (PT.1302) 366 at 381 Paras H-C.
“Where opportunities have been given to a party to present his case and he fails to make use of such opportunities, then he cannot complain of denial of fair hearing. The Court cannot force a party to present his case. Where such party fails, the Court is entitled to make appropriate order. In this instant case, the Appellant’s right to fair hearing was not in anyway breached. They were given sufficient opportunity to present their defence, but they were using delay tactics to delay the cause of justice.” See CHIDOKA v. FCFC LTD (2013) 5 NWLR (PT.1346) 144 AT 162 Paras A-B. Per CHIOMA E. NWOSU-IHEME, J.C.A.
