POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI
POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI
POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI
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"It is settled law that where proper parties are<br />
not before a court the court is without<br />
jurisdiction to adjudicate. See PLATEAU STATE<br />
v. A-G FEDERATION (2006) 1 SC (pt.1) 64;<br />
AMODU v. AJOBO (1997) 7 NWLR (pt.406)<br />
170." Per THOMAS, J.C.A (P 11,Paras F-G) -<br />
read in context<br />
5 CONSTITUTIONAL LAW - RIGHT TO FAIR<br />
HEARING: Whether a judgment is bound to<br />
be set aside if the superior court is of the<br />
opinion that the party entitled to be heard<br />
was not given an opportunity to be heard<br />
"It is trite that the rule of fair hearing as<br />
cherishingly enshrined under section 36 of the<br />
constitution of the Federal Republic of Nigeria<br />
1999, is not a technical principle. It is rather<br />
one of substance. As authoritatively and most<br />
cherishingly held by the supreme court: "once<br />
an appellate court comes to the conclusion<br />
that the party was entitled to be heard before<br />
a decision was reached but was not given the<br />
opportunity of hearing the ...Judgment thus<br />
entered is bound to be set aside ". see<br />
BAMAIYI vs THE STATE (2001) FWLR Part 46<br />
page 956 at 974 paragraphs D - E per Uwaifo<br />
JSC; KOTOYE VS CBN (1989) NWLR (part 98)<br />
419; ATANO v. AG. BENDEL (1988) 2 NWLR<br />
(Pt. 75) 201; NTUK DEM vs OKO (1986)<br />
NWLR (part 45) 909." Per SAULAWA, J.C.A. (P<br />
22,Paras B-E) - read in context<br />
4