REASONABLE TIME IN FAIR HEARING WITHIN THE CONTEXT OF SECTION 33(1) AND (4) OF THE 1979 CONSTITUTION

• Date: 06 February 2019

(1) "It is generally accepted that what is a reasonable time within the context of Section 33(1) and 33(4) of the 1979 Constitution must depend on the circumstances, peculiarities and facts of each case. It is not therefore, possible to lay down any hard and fast or fixed rule as to what a "reasonable time" is in the trial of every case. See: Nnajiofor v. Ukonu (1985) 2 N.W.L.R. (Pt. 9) 686. But it can safely be said that the term "reasonable time" must mean inter alia the period of time which, in all the circumstances of a case; is necessarily required to ensure that justice is not only done but appears to reasonable persons to have been done to all concerned in a case. It means such length of time as may fairly, properly and reasonably be allowed in the trial of a case having regard to the surrounding circumstances and the overall interest of justice. Indeed, as Uwais, J.S.C., rightly observed, in the Nnajiofor v. Ukonu case, (supra) at page 695: - "Some cases are by their nature short or lengthy by reason of the number of witnesses to be called or the length of the testimonies of the witnesses. Others involve witnesses who do not live in the country or within the Courts jurisdiction. Documents to be put in evidence may be in the custody of a third party and may not as such be readily available for production at the trial. The health of a vital witness or even the trial Judge may fail. All these and many more are factors which can reasonably delay the conclusion of a trial. Surely such delay cannot be taken to be unreasonable". In the same vein, Aniagolu, J.S.C., in the same case in dealing with other factors that may quite legitimately delay or impede the hearing of a case had this to say:- "Whereas Section 33(1) and 33(4) enjoin the Courts to hear cases expeditiously, leaving the discretion to the Courts, as indeed it must do, having regard to varying attendant circumstances that can befall a case in the course of hearing - availability of witnesses; illness of parties and witnesses; the pressure on the Court by reason of other cases to be heard, the strain on...