"Proceedings which are found to have breached the principle of fair hearing cannot be allowed to stand. No matter how well conducted, the proceedings conducted in breach of a party's right to fair hearing amount to a nullity; Idakwo v. Ejiga (2002) 7 S.C. (Pt. 11) 168; Samba Petroleum Ltd v. IMB Plc. (2010) 5-7 (Pt. 1) MJSC 103; Ukachukwu v. P.D.P. (2014) LPELR-22115(SC). In the absence of fair hearing, the lower Court would be bereft of jurisdiction to adjudicate on the matter. Even where the decision reached, on its merits, is correct, the appellate Court will not hesitate to throw out the correct decision in favour of fair hearing; Orugbo v. Bulara Una (2002) 9-10 S.C. 61. The proceedings in that event cannot be salvaged as they are null and void ab initio; Attorney General, Rivers State v. Ude (supra); Leaders of Company Ltd v. Bamaiyi (2010) LPELR-1771(SC)."

Per OTISI, J.C.A. IN UTOO v. FEESE & ANOR CITATION: (2017) LPELR-44037(CA)