"Audi Alteram Partem"


 "Audi alteram partem" is a substantial rule of fairness meaning "hear the other side". This rule means that both parties to the case must be heard before the matter is determined.
For instance if "A" brings a charge against "B", B must be allowed to enter his plea, and defence to A's charge, he could disprove a fact alleged or cross examine witnesses called by A.
This rule is fundamental, as it is one of the long arm of the principle of FAIR HEARING  as enshrined in The Constitution of the Federal Republic of Nigeria. However, the test is whether an accused person has actually been given an OPPORTUNITY of being heard, therefore if a party does not make use of the opportunity given to make representation; for instance maybe he remains silent, he cannot be heard thereafter to complain that he has not been given fair hearing.

This principle makes me remember the judgement day, how the ALMIGHTY GOD will ask every one of us to give account for our actions, like he did for Adam and Eve after the ate from the tree of knowledge of good and evil. Therefore, we should always try to hear from both sides when settling disputes, so as to come up with a FAIR RESOLUTION.

Section 36 of the Constitution of the Federal Republic of Nigeria.
SULE V EBUNE.
IGABELE V THE STATE.
Genesis 3.

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