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NOT EVERY IRREGULARITY WILL NULLIFY THE PROCEEDING

Dictum

In the case of Chief Okumagba Eboh and Six ors. v. Ogbotemi Akpotu (1968) 1 All NLR 220 at 221 this court held: “It is not every irregularity that can nullify entire proceedings and it may well be open to a party claiming by virtue of an irregularity to contend that such irregularity does not materially affect the merits of the case or engender a miscarriage of justice or that in any case it was much too late for the other party to complain about such irregularity.”

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ADOPTION OF A WRONG PROCEDURE WAIVED WILL BECOME AN IRREGULARITY

In Adebayo & Ors. v. Chief Shonowo & Ors. (supra) Coker, J.S.C., observed as follows on p.190 thereof- “Even if the procedure adopted by the applicant Adebayo were wrong, we think that it is now much too late in the day for the directors to complain about it. They failed to challenge the correctness of...

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CIRCUMSTANCES WHERE PROCEEDINGS WILL BE REGARDED AS AN IRREGULARITY

This court has spelt out in Madukolu v. Nkemdilim (supra) the circumstances where proceedings can be regarded as a nullity. These are where 1. The court is not properly constituted as regards numbers and qualification of the members of the bench 2. The subject matter of the action is not within the jurisdiction of the...

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CANNOT COMPLAIN AGAINST IRREGULARITY PARTICIPATED IN

Having acquiesced in the alleged wrong procedure, it was too late for the appellant to complain on appeal. See State Vs Onyeukwu (2004) 14 NWLR (Pt.893) 340. Where a party, aware of an irregularity, proceeded to take steps other than to challenge the defect in the proceedings, he would be presumed to have acquiesced, condoned...

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SITUATIONS WHERE IRREGULARITY WILL BE WAIVED

It is obvious from the foregoing that appellant has not brought his case within any of the consideration that will entitle him to set aside the proceedings on the alleged irregularity. Firstly, appellant did not complain about the irregularity until after the trial and judgment in the High Court. The issue was raised first as...

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COURT CANNOT BE SHACKLED BY PROCEDURE IRREGULARITY

In Federal Government of Nigeria V. Zebra Energy Ltd (2002) 18 NWLR (pt 798) 162 Belgore JSC (as he then was) again stated at pages 204 – 205 thus: “… Procedure is a guide to smoothen passage of suit; to direct the parties what to do and to guide the Court to arrive at the...

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NONCOMPLIANCE WITH THE RULES IS TREATED AS AN IRREGULARITY

As to issue 7, that the lower Court conducted the trial under the 1987 Adamawa State High Court Civil Procedure Rules, while the 2013 Rules came into effect before the trial was concluded, it is important to note that Order 3 Rules (2) and (3) of the 2013 Rules provides that non-compliance with the Rules...

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