"Indeed, a party who deprives himself of the golden opportunity of being heard fairly, cannot turn around and lampoon the court, by blaming it of denial of fair hearing. After all, you can only take a horse to the water, you can definitely not force it to drink.

The need for the court to strike an even balance between the parties, must be vividly remembered by a party who vouchsafe fair hearing, Thus, where a party has been accorded adequate opportunities to be present and put across his case or defence, if such a party fails in this regard, he is obliged to remain silent and keep his peace forever.

In the instant case, despite all the indulgence given to the appellant, the filing of his pleadings, that is, his statement of defence, still remained a distant and far fetched pipe dream.

Rather, the learned counsel for the appellant, who ought to know better, indulged in and played peek-aboo with the trial court. A case of here today, gone tomorrow.

An opportunity is to be taken, so long as it is availing and not otherwise. At times, an opportunity once lost or forfeited can never be regained.

A party who fails, falters and refuses to stand up and be counted when the chips are down and when it matters most, cannot be heard to complain that he has been denied his right of fair hearing.

When the right of fair hearing was placed at his doorstep, he by-passed and treated it with disdain."

Per OREDOLA, J.C.A. in Onah Vs. Okom (2012) 8 NWLR (Pt. 1301) 169 CA.