AN ANALYSIS OF THE RIGHT TO FAIR HEARING PROVISIONS UNDER THE CONSTITUTIONS OF NIGERIA AND GHANA

Abstract

This article confined itself to examining the seemingly perceived gapes existing between the Nigerian and Ghanaian Constitutions on the doctrine and constitutional right of fair hearing. The objectives were to examine the relevant legal concepts ranging from evolution of ‘audi alteram partem’; effects of its breach; grounds for waiver; attitude of courts in Nigeria and Ghana on its fundamentality; relationship between Natural Justice, fair hearing and fair trial; recognition under the 1999 Nigerian and 1992 Ghanaian Constitutions vis-à-vis notable points of convergence and divergence, as well as to assess the lessons from both jurisdictions. The research methodology was doctrinal approach, using expository and analytical research design. The main sources of data collection were literatures from physical library and e-library. It was observed, among others, that there are notable points of convergence and divergence between the Nigerian and Ghanaian Constitutions on fair hearing. It was recommended, among others, that the Nigerian Government should take a clue from Ghanaian Constitution and protect its democracy against unconstitutional disruption, also make corruption punishable with life imprisonment. And that, the Ghanaian Government should take a clue from Nigerian Constitution to specify a short-day period to obtain lower court proceedings to proceed for appeal.