CHIEF EMMANUEL OBASAN V. MOJIDI ABUDU (2023)

Background

This case arises from the traditional chieftaincy selection for the position of Ebumawe of Ago-Iwoye in Ogun State, Nigeria, following the death of the previous chief, Oba D. M. Osiyemi, in 1988. The Ijebu North Local Government requested the Paripete Ruling House to present a candidate. Despite protests from some family members regarding the selection process, C. A. Adesanya (deceased) was named the chief by the kingmakers and subsequently approved by the Military Governor of the state. Chief Emmanuel Obasan and another individual contested this appointment, claiming it was illegitimate. They filed an action in the Ogun State High Court.

Issues

The issues presented before the court included:

1. Whether the Ogun State High Court's judgment on April 2, 1999, is "null and void" due to a misjudgment regarding waiver.
2. If the Court of Appeal should have granted the appellants the reliefs they sought.
3. Whether the Court of Appeal was correct in ordering a trial de novo of the case.

Ratio Decidendi

The Supreme Court held that the trial court's proceedings had violated the appellant's right to fair hearing. According to the court, a breach of the right to fair hearing renders any decision made in such proceedings void ab initio, leading to a nullity that warrants setting aside the entire proceedings.

Court Findings

The court articulated the principle of fair hearing, asserting that:

1. It is a constitutional right that is absolute and cannot be compromised.
2. Any proceedings conducted in breach of this right are nullified, void of legal effect.
3. Issues raised suo motu by the court without the input of parties undermine fairness and justice.

Conclusion

The appeal was dismissed, affirming the lower court's decision to nullify the proceedings of the trial court due to the breach of the appellants' right to fair hearing. The case was remitted for a trial de novo in order to ensure that both parties received a fair opportunity to present their cases.

Significance

This ruling underscores the fundamental importance of the principle of fair hearing within the judicial process. It highlights that any judicial proceeding entered into without full adherence to due process is susceptible to being declared a nullity, thus reinforcing the integrity of the legal system in Nigeria.