The cardinal rule of justice administration is espoused in the Latin maxim that states 'audi alteram partem
', which means nobody shall be condemned unheard.
It happens sometimes that a fresh point has been raised in argument on which a party has not been heard, and although having the last word is important, exceptionally a party can be allowed to make further submissions, in line with the well-known principle of hear the other side: audi alteram partem
in Latin .
That is the principle of natural justice, rooted in the dictum audi alteram partem
. It therefore means that as petitions have been received at the highest quarters on the activities of the Nigerian Christian Pilgrims Commission, the supervising arm of government, that is the OSGF, cannot hurriedly make a pronouncement until the entire process of investigation has run its full course and a position is taken by government which is usually in the best interest of all concerned.
However the event of throwing the cell phone of the session judge in Larkana and humiliating him, without issuance of the show cause notice, was certainly against the true spirit and meaning of the basic principle of natural justice Audi Alteram Partem
(hear the other side) i.e no one should be condemned unheard or hear the other side.
The offender would be allowed rights of audi alteram partem
Chapter 3 considers the maxim audi alteram partem
or the right of parties potentially affected by a decision to have a reasonable opportunity to be heard.
In ancient times, democratic was founded on sine qua nons of honesty, merit (aret), nationalism, spirit of sacrifice, corruption-free public services, across-the-board military-civil accountability, audi alteram partem
, truthfulness, practicing religion, and welfare of the masses.
He contended that the SECP was required to give opportunity of hearing before it issued the Impugned Directive and drew our attention to PLD 2004 SC 441, where it has been held that the principle of Audi alteram partem
is applicable to judicial as well as non-judicial proceedings and it is read in every statute as its part if right of hearing has not been specifically provided therein PLD 1982 Lah.
Yet little attention has been paid to audi alteram partem
, a principle of natural justice that compels us to 'hear the other side' to make a fair assessment of the facts at hand.
It seems clear that condemning individuals in circumstances of this sort violates the principles of natural justice, in particular audi alteram partem
, the right to be heard.