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WHERE A STATUTE HAS PROVIDED A PROCEDURE SUCH PROCEDURE MUST BE FOLLOWED

Dictum

In Adejobi v. State (2011) 6 MJSC (Pt 1) 101 @ 119 it was held that: “It is trite that a question of law and jurisdiction can be raised at any time in the proceedings, but it is not a free for all procedure. Where a statute under which an issue or matter is to be raised has provided a procedure for raising such issues or matter, that procedure, and no other must be followed.”

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BREACH OF PROCEDURE IS MERE IRREGULARITY

Samuel Osigwe v. PSPLS Management Consortium Ltd & Ors. (2009) 3 NWLR 378 SC: “Breach of a rule of practice and procedure does not render the proceedings a nullity but merely an irregularity.” Was this dictum helpful? Yes 0 No 0...

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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...

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BREACH OF PRACTICE & PROCEDURE DOES NOT RENDER NULLITY

Samuel Osigwe v. PSPLS Management Consortium Ltd & Ors. (2009) 3 NWLR 378 SC: “Breach of a rule of practice and procedure does not render the proceedings a nullity but merely an irregularity.” Was this dictum helpful? Yes 0 No 0...

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PROCEDURAL IRREGULARITY

It is not every procedural irregularity which affects the validity of proceedings. – Uwaifo JSC. Ekpanya v. Akpan (1988) Was this dictum helpful? Yes 0 No 0...

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WHERE RULES OF COURT MUST BE COMPLIED WITH

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...

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RULES OF COURT ARE MADE FOR COURT’S BENEFIT, NOT OTHERWISE

The Rules of Court made to regulate the practice and procedure in the Supreme Court and indeed Rules made for the regulation of practice and procedure in the various courts in Nigeria have not been made for or to lie only in the statute books. They are made for the benefit of courts on the...

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