It is basic that the right to fair hearing is a fundamental constitutional one, guaranteed by the 1999 Constitution of the Federal Republic of Nigeria and the breach of which in a trial or adjudication, renders the proceedings null and void.

Thus, any judgment which is given without due compliance therewith is a nullity and is liable to be set aside, either by the court that delivered it or by an appellate court. See Bamgboye v. University of Ilorin (1999) 10 NWLR (pt. 622) 2go.

The principle of fair hearing is one of substance and not a technical rule. Thus, the question is not simply whether miscarriage of justice has been occasioned because of lack of fair hearing. The question is whether or not the party entitled to it and who is deserving of being heard before his fate is sealed or determined, had in fact been given ample and adequate opportunity to do so. See Kotoye v. C. B. N. (1989) 1 NWLR (Pt. 98) 419.

In a civil case just as in a criminal case, the invocable rule of fair hearing entails inter alia, that any of the parties is entitled to prosecute or defend the matter either in person or by a legal practitioner of his choice, put differently, to be represented by a counsel of his choice in the conduct of his case.

Fair hearing is not a one - sided knife. It can be likened to a two - edged sword that can cut both ways. Indeed, it is not a one way traffic but a dual carriage way which accommodates traffic going in the same direction, in the context of both parties being heard timeously and with attainment of justice as its ultimate destination.

Hence, the principle must not be invoked by the court in favour of one of the parties to the detriment or disadvantage of the other party and undeservingly too.

It further denotes, that both parties to a case are entitled to be given equal opportunities to present their respective cases without let or hindrance from the commencement to the conclusion, See Ekpeto v. Wanogho (2004) 18 NWLR (Pt.905) 394/411.

It is however to be noted, that the giving of an opportunity is different from taking it. At times, opportunity can be given, without it being taken."