CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

4 CONSTITUTIONAL LAW - RIGHT TO FAIR
HEARING: Whether the word "person" as
stated in section 36(1) of 1999 constitution
denotes a living person as well as a juristic
person
"Section 36 (1) of the 1999 constitution ,
(supra) which cherishingly provides inter alia
that: In the determination of his civil rights
and obligations including any question or
determination by or against any government,
a person shall be entitled to a fair hearing
within a reasonable time by a court or other
tribunal established by law and constituted in
such manner as to secure its independence
and impartiality. It may as well be posited
that the word "person" as couched in the
above section 361 (1) denotes a living person
as well as juristic person; thus applicable to
the Appellants as much as the respondent. It
is trite that the well cherished principle of fair
hearing is not merely a technical doctrine. It
is rather one of substance.Undoubtedly, it is
not the question of whether a party is entitled
to be heard before a decision is reached; but
rather whether the had, as a matter of act,
been accorded an opportunity to be heard.
See BAMAIYI V. THE STATE (21001) FWLR
(part 46) 956 at 974 paragraphs D - E per
WAIFO JSC, thus: "Once an appellate court
comes to the conclusion that the party was
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