Critical Analysis of the Principle of Rule of Law and Fair Hearing

Rule of law as a substantive legal principle, refers to the prevailing of regular power rather than arbitrary power; the principle is that all citizens are subject to the judicial decision in their states and that such decisions are the result of constitutional principles. The study was carried out to critically analyze the Principle of Rule of Law and Fair Hearing. In achieving this aim, the following specific objectives were laid out to trace the origin of the doctrine of fair hearing in Nigeria, highlight the impediments to fair hearing in Nigeria criminal justice system and evaluate the safeguards to the application of the doctrine of fair hearing in Nigeria Judicial system. The rule of law was conceived as something that should map out the way and means of peaceful coexistence, progress and development of the society under a uniform rule-guided system. All sectors composed in the society are to be governed and subjected to the law. Over the years, the rule of law has progressively developed and has metamorphosed to have so many faces and has produced different results. These results are negative and positive in most cases. The study will review the origin, applications, safeguards and impediments of the doctrine. The results of the findings of this research will explicate the benefits, prospects and challenges of the application of doctrine of fair hearing in Nigeria legal system. It will also serve as resource material for scholars of both civil and criminal law. In addition the findings of this research will serve as a veritable post script to our law makers, administrators and other decision makers in their efforts to enhance administration of justice equity and fairness in the body of our municipal laws. Finally, the research work suggests that time has come to add a few other requirements for the rule of law in order to give politics, law and governance a new face that is rule of law friendly.