F

It is not correct law that two or more persons cannot jointly file one application for the enforcement of their respective fundamental rights alleged to have been breached or violated by a common act of one or more respondents. It is true that section 46 of the Constitution of the Federal Republic of Nigeria, 1999 and Order II rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 state that “any person” who alleges that any of the fundamental rights provided for in the Constitution to which he is entitled has been, is being or likely to be infringed, may apply to court for redress. It is also correct that the word “person” is in the singular.

The principle of fair hearing enshrined in the Nigerian Constitution demands that every party to a cause or matter has the right to be heard before a decision is given affecting him or his interest. He is not only entitled to a hearing; he is entitled to a fair hearing. The principle of fair hearing is one of the twin pillars of natural justice, to wit: audi alteram partem, which means let the other side be heard and nemo dat in causa sua, which means a man cannot be a judge in his own cause. [Zenith Plastics Ind. Ltd. v. Samotech Ltd.  (2018) 8 NWLR (Pt. 1620) 165; Duke v. Govt., Cross River State (2013) 8 NWLR (Pt. 1356)347 referred to.] (P. 96, paras. D-F).