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WHERE RULES OF COURT MUST BE COMPLIED WITH

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Dictum

Rules of Court are purposely made to be obeyed and followed, therefore all procedure set by the rules must be complied with. However, where in the course of following the rules some errors or mistakes are committed or omitted, such error or mistakes would not out rightly render the proceedings a nullity. Depending on the circumstance of each particular case, where the noncompliance has occasioned miscarriage of justice or where the right of the adverse party will be affected, the Court shall not treat the non-compliance as a mere irregularity and as such mandate the rules to be followed or nullify the proceedings as the case may be. But in a situation where it has not occasioned miscarriage of justice it shall be treated as a mere irregularity and should not vitiate the proceedings. This is because all rules of Court are made in aid of justice and that being so, the interest of justice will have to be given priority over any rule, compliance of which will lead to outright injustice. The Rules are not sine quo non in the determination of a case and therefore not immutable.

– Abba Aji JCA. Usman v. Tamadena (2015) – CA/K/95/2009

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RULES OF COURT ARE MEANT TO BE OBEYED

In SOLANKE VS. SOMEFUN (1974) 1 SC 141, Sowemimo, JSC (as he then was) opined: “Rules of Court are meant to be complied with … Rules of Court are made to be followed. They regulate matters in Court and help parties to present their case for purpose of a fair and quick trial. It is the strict compliance with these rules of Court that makes for quicker administration of justice.”

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MUST USE OF A PARTICULAR COMMENCEMENT PROCEDURE

This is an out-flow of the elementary principle of law that where a specific procedure is provided for commencing an action, a party seeking to use the procedure must bring his case within those covered by that procedure otherwise his action will be incompetent.

– Abiru, JCA. Okoli v. Gaya (2014)

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LAWS ARE MADE TO BE OBEYED

In the interpretation of the above provision, it must be borne in mind that prima facie the Laws are made to be obeyed. All persons, authorities, agencies of government and government must obey the laws of the land. It is the degree of obedience accorded to the laws of the land that distinguishes the state of development in a given country. When laws are not obeyed, anarchy sets in.

— Oguntade, JSC. Buhari v. INEC (2008) – SC 51/2008

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APPROPRIATE TIME TO RAISE AN OBJECTION AS TO PROCEDURAL IRREGULARITY

It has since been established by a plethora of authorities that the appropriate time at which a party to proceedings should raise an objection based on procedural irregularity is at the commencement of the proceedings or at the time when the irregularity arises. If the party sleeps on that right and allows the proceedings to continue on the irregularity to finality, then the party cannot be heard to complain, at the concluding stage of the proceedings or on appeal thereafter that there was a procedural irregularity which vitiated the proceedings- See C.F.A.O. v. The Onitsha Industries Ltd. 11 N.L.R. 102 at p.103; Johnson v. Aderemi & Ors. 13 W.A.C.A. 297; Adebayo & Ors. v. Chief Shonowo & Ors. (1969) 1 All N.L.R. 176 at p.190; Ashiru Noibi v. Fikolati & Anor. (1987) 1 N.W.L.R. (Part 52) 619 at p. 632 and Ezomo v. Oyakhire (1985) 1 N.W.L.R. (Part 2) 195 at pp.202-203. The only exception to this general rule is that the party would be allowed to complain on appeal if it can show that it had suffered a miscarriage of justice by reason of the procedural irregularity.

— Uwais, JSC. Saude v. Abdullahi (1989) – SC.197/1987

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TO SATISFY NATIONAL INDUSTRIAL COURT BEFORE ADOPTION OF HIGH COURT PROCEDURE

It is my considered opinion that for Order 23 of the National Industrial Court [Civil Procedure] Rules, 2017 to apply, Counsel must satisfy the Court as to the following: a. That there is no provision made in the Rules as to the practice and procedure sought to be adopted. b. That there is a provision made but it is in adequate. c. That the procedure sought to be adopted will do substantial justice to the parties in the particular circumstance. In my view, learned Counsel has not satisfied these conditions. In addition, what learned Counsel sought to do is unknown to law.

— I.G. Nweneka, J. Anyina v. Messrs First City Monument Bank Ltd. (NICN/ABK/03/2017, 12th December 2017)

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IRREGULARITY MUST BE SUBSTANTIAL TO WARRANT PROCEEDING NULL

Gabriel Madukolu and Ors v. Johnson Nkemdilim (1962) 1 All NLR 587 at 596, Bairamian F.J., said: “If the court is competent, the proceedings are not a nullity; but they may be attacked on the ground of irregularity in the conduct of the trial; the argument will be that the irregularity was so grave as to affect the fairness of the trial and the soundness of the adjudication. It may turn out that the party complaining was to blame, or had acquiesced in the irregularity… A defect in procedure is not always fatal …”

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