May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 11411 In the Supreme Court of Nigeria Fri Jun 4, 2010 Suit Number: SC.206/2004 CORAM PARTIES FEDERAL REPUBLIC OF NIGERIA APPELLANTS JOE BROWN […]
CORAM
PARTIES
FEDERAL REPUBLIC OF NIGERIA APPELLANTS
JOE BROWN AKUBUEZE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was arrested and convicted by a tribunal for owning a container which had cocaine. The court of appeal set aside the conviction and sentence of the respondent for drug related offences and ordered a retrial. The appellant appealed.
HELD
Appeal was dismissed and the order of retrial upheld.
ISSUES
NONE
RATIONES DECIDENDI
FAIR HEARING: MEANING OF
“Fair hearing incorporates a trial done in accordance with the rules of natural justice which in the broad sense, is that which is done in circumstances which are fair, just, equitable and impartial” Per FABIYI J.S.C
AUDI ALTERAM PARTEM: MEANING OF
“The rule of audi alteram partem postulates that the Court or other tribunal, must hear both sides at every material stage of the proceedings before handing down a decision at that stage”. Per OGBUAGU, J.S.C.
CASES CITED
1. Major Bello Magaji v. The Nigerian Army (2008) 2-3 SC 32, 2. Pam v. INEC (2008) 5-6 SC (Pt.1) 833. Kim v. The State (1992) 4 NWLR (Pt. 233) 17, 4. Onogoruwa v. The State (1992) 2 NWLR (Pt.221) 33
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1979