Your Right To Fair Hearing

By Ubong S. Ebong Esq. -
Let's briefly talk about the hallowed principle of fair hearing. Every one is entitled to fair hearing whenever his/her civil rights and/or obligations are in question. But let's break this down a little further.

First of all fair hearing simply means that in determining any dispute or conflict, both sides must be heard. In other words, both sides should be given equal opportunity to say their own side of the story. Fair hearing also requires that neither the accuser nor the defender should be a judge in his own case. This principle goes further to state that whoever is deciding or judging the dispute should be neutral, independent, unbiased and impartial. In other words, a person who stands to gain or lose something from the outcome of the case (that is, an interested person) should not be a judge either.

The next thing to discuss is when and where this principle of fair hearing applies. Based on the wordings of the Constitution, fair hearing is mandatory whenever a person's civil rights and obligations are in question. The phrase 'civil rights' is all encompassing as it includes: fundamental rights (those rights contained in the Constitution), political rights, economic rights, family rights, proprietary rights, cultural rights, educational rights, employment rights etc. So in the simplest of terms, whenever or wherever any of your rights is in contention and is to be determined by a person or group of persons which could either be the government or any other form of authority at whatever level (whether at the family level, or at your school, or place of work, or community etc.), the entire steps in such proceedings must be in line with the principle of fair hearing. Common examples include:
1) determining whether to expel/suspend a student,
2) determining whether to suspend/fire an employee,
3) judging cases in the family or community,
4) deciding cases in courts of law and other tribunals etc.

Where you have been denied fair hearing, the proper remedy is to approach the courts to review your case and do justice by applying the principle of fair hearing. Where the court decides that you were actually denied fair hearing, the court will either set aside whatever unjust decision that was previously imposed on you or you will be adequately compensated. There are many real life cases where sacked employees or expelled students have been reinstated and compensated, deposed political candidates have been reinstated, persons who were unjustly deprived of one thing or the other have recovered same or were adequately compensated etc. A lawyer will properly guide you on what to do.

On a final note, it is obvious that the applications of fair hearing are very broad and seemingly endless. Which is why it is necessary that whenever you wish to approach the court to enforce your right to fair hearing, you must first ask yourself if the matter in contention is worth it? In other words, is it reasonable to approach the court and ask for fair hearing? This is because the court is not interested in frivolous, unreasonable and vexatious matters. Consulting your lawyer is advisable to know if the matter is worth pursuing.

#KYR


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