The requirement of fair hearing implies that each party to a dispute before a Court or tribunal must be accorded adequate opportunity to state his own side of the case under the principle of “audialterampartem”, an immutable principle and the other leg of natural justice. [1] When there is failure in serving notice of the date of hearing on the other party, it means that the requirement of fair hearing has not been observed and the resultant decision that followed is a nullity and cannot be allowed to stand. [2]
[1]Ariayefah Nwaosu v Ibejimba Nwaosu (2000) 4 NWLR (Pt 653) 351 at 359; Obimonure v Enrinosho and another (1966) All NLR 245 at 247.
[2]Wema Bank Nigeria Limited and others v S. O. Odulaja and others (2000) FWLR (Pt 17) 138 at 142 – 143; A. C. B. Plc v Losada Nig. and another (1995) 7 SCNJ 158 at 167.