NEWSWATCH COMMUNICATIONS LIMITED V. ALHAJI ALIYU IBRAHIM ATTA
June 6, 2025NZE BERNARD CHIGBU VS TONIMAS NIGERIA LIMITED & ANOR
June 6, 2025Legalpedia Citation: (2006) Legalpedia (SC) 14113
In the Supreme Court of Nigeria
Fri Apr 28, 2006
Suit Number: SC. 101/2001
CORAM
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
NEWSWATCH COMMUNICATIONS LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent/Plaintiff sued the Appellant/Defendant for libel but the Appellant neither filed Statement of Defence nor made appearance. Before judgment was delivered, the appellant filed a motion to arrest the judgment and for an order granting him leave to adduce oral and documentary evidence in his defence. The trial court refused the motion. The Court of Appeal dismissed the appeal of the Appellant. ?
HELD
The Supreme Court held that it was the Defendant/Appellant that did not take advantage of the opportunity to present his case, therefore there was no question of lack of fair hearing.
ISSUES
Whether the refusal to hear the Appellant’s application to arrest the judgment was a violation of the Appellant’s fundamental right to fair hearing under Section 33 of the 1979 Constitution as amended.
RATIONES DECIDENDI
APPLICATION OF PRINCIPLE OF FAIR HEARING
“The fair hearing principle formerly entrenched in section 33 of the 1979 Constitution, and now section 36 of the 1999 Constitution, is not for the weakling, the slumberer, the indolent or the lazy litigant, but 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 accuse the court of assumed wrong doing even when such so-called wrong doing is, as a matter of fact, propelled or instigated by the party, through his counsel.” Per NIKI TOBI, JSC
DUTY OF COURT TO HEAR ANY PROCESS BEFORE IT
“The state of the law is that a court must hear a motion or any process before it, however unmeritorious. A court should not ignore a motion or process before it and give a decision one way or the other without considering the motion or process. That is good and valid law.” Per NIKI TOBI, JSC
CASES CITED
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1999?
