Supreme Court Reaffirms Fair Hearing, Reverses Nestoil/Neconde Appeal Ruling
On Friday, Nigeria’s Supreme Court overturned a Court of Appeal judgement that threatened the right to fair hearing. The appeal had allowed a plaintiff-appointed receiver to replace the companies’ chosen lawyers and control their defence. A unanimous panel held that where the legality of a receiver’s appointment is under dispute, that receiver cannot also appoint counsel for the companies. The court found this practice conflicted with Section 36 of the Constitution and the core principles of adversarial litigation. Legal experts say the decision restores the balance of justice and prevents parties from using receivership to predetermine outcomes. It sets a strong precedent that no litigant may dictate an adversary’s legal representation.
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