- October 25, 2016
- Posted by: Stephen Azubuike
- Category: Case Law Blog
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Anambra State Government v. Anambra State House of Assembly [2013] 3 NWLR (Pt. 1341) 236 at 256, paras. A-B, per Jauro, JCA:
“Ordinarily where an issue has been raised by a party and the said issue distilled from the issues joined from the pleadings, the failure of the court to consider such an issue amounts to a breach of fair hearing hence occasioning a miscarriage of justice.”
Notes:
In principle, breach of fair hearing may still occur even where both parties were heard or given opportunity to be heard. Therefore, the point goes beyond mere hearing as seen in the instant case. Thus, where a court has heard both parties but conducts itself in a manner prejudicial to another, breach of fair hearing can be said to have occurred. An instance by clearly failing to consider salient issues raised before it.
It may be a different ball game altogether if the disposition of one issue renders any further consideration of other issues an effort in futility. See the case of 7UP Bottling Co. Ltd. v. Abiola & Sons Bottling Co. Ltd. [2001] 13 NWLR (Pt. 730) 469 at 514 where the following statement of the law was made:
“It is well settled that an appeal court may consider all issues presented before it by the parties. There are however exceptions according to the facts and circumstances of each case. One of such circumstances as laid down by this court is where the court concerned is of the view that a consideration of one issue is enough to dispose of the appeal, it is not under any obligation to consider all the issues.” See also Mpama v. FBN Plc [2013] 5 NWLR (Pt. 1346) 176 at 193 paras. G-H.
