A petitioner identified as Duvie Gwede wrote a petition against retired Justice Adeniyi Ademola, the petition was submitted to the National Justice Council on July 27, 2016. A three-man panel was set up to investigate the matter on August 8 and 9, 2016. The petitioner withdrew the petition on his volition on the ground that it was written in error and misinformation supported with an affidavit of evidence. Despite the voluntary withdrawal of the petition by the petitioner, the NJC panel still summoned Rtd Justice Ademola Adeniyi .The said Justice Adeniyi Ademola approached the federal high court, Abuja asking the court to bar NJC from inviting him. The plaintiff claimed that the NJC panel cannot turn itself to the accuser, prosecutor and judge in the matter. The court barred NJC from inviting the said justice Ademola. There are several situations when the police arrest people arbitrarily on the ground wandering which is totally alien to our law. In the first book of the Bible, God respects this right to fair hearing, God gave the opportunity to respond to a query or probe in relation to the offence committed by the couple. Everyone is entitled to fair hearing where there is any question regarding civil rights and obligation. Let me explain the twin maxim in relation to fair hearing. “AUDI ALTERAM PARTEM” which is that the other side in any dispute involving two disputants must be heard or given an opportunity to be heard before a decision. There have been situations when a vital decision is taken without hearing from the other party.
“NEMO JUDEX IN CAUSA SUA” A party cannot be a judge in his cause. A judge who has interest by whatever dimensions in a matter will not be allowed to be an adjudicator on such a matter, simply because of a likelihood of bias.
[09/11, 20:17] COMRADE OMOLOLU: There are ingredients for fair hearings, which I want to examine apart from the aforementioned ones.
PRESUMPTION OF INNOCENCE (2) INDEPENDENCE AND IMPARTIALITY OF THE TRIBUNAL OR COURT (3) THE TRIBUNAL MUST BE ESTABLISHED BY LAW(4) THE DEFENDANT MUST BE GIVEN A REASONABLE TIME TO REPLY TO THE QUESTIONS.(5) THE DEFENDANT MUST BE GIVEN FAIR HEARING (6) AN INQUIRY. These are part of elements or ingredients of fair hearing.
 In my opinion, the presumption of innocence is the essential element of the subject matter (fair hearing), whoever is charged with a criminal offence is presumed innocent until proven contrary. These are important ingredients of fair hearing that have not been respected by most Nigerians, which has led to jungle justice. The law is clear in respect of the presumption that most IPO investigating police officers have not complied with this important element of fair hearing, they assumed the position of judge, the investigation is mostly conducted with predetermined mindset, an IPO is expected to be an impartial investigator. His duty is to investigate the alleged offence and furnish his superior with the report. In most instances, the IPO turns himself into a complainant, a judge and a witness, in the police station, EFCC , Navy, Customs, this is not acceptable to our law. I  urge you to resist by drawing the attention of any erring uniformed men to this illegality. Whenever you notice the likelihood of biases  in the investigation being carried out, you must be summoned to complain to the superior, in a situation where the superior failed to address the anomaly, you are entitled to write a petition to higher authority in the agency with facts and evidence.
A REASONABLE TIME MUST BE GIVEN TO DEFENDANT TO GET THE FACILITIES.
Reasonable time will depend upon the circumstances of each case, the time must be sufficient enough to enable the defendant to respond adequately to the query or probe. Unfortunately, most criminal suspects have been deprived of these essential ingredients in fair hearing. I was involved in a case where the police didn’t inform the suspect of the intention of taking her to court, this unlawful act of the police is to deprive the defendant of the legal facilities needed to secure court bail. I hereby urge the reader of this piece to prepare in advance to forestall the illegality of the uniformed men.