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 the procedure at the commencement of the proceedings or on their entry into the case and sought unsuccessfully to get the Statement of Delinquencies filed by the applicant Adebayo struck out. Clearly in those circumstances the adoption of a wrong procedure would be no more than an irregularity, and would not render the entire proceedings a nullity as was submitted by learned counsel for the director Kamson: so unless a miscarriage of justice is thereby alleged and proved, the proceedings would not be struck out. See In re Kellock (1887) 56 T.L.R. 887; also Allen v. Oakey (1890) 62 T.E.R. 724.”
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 shall be treated as a mere irregularity and does not render the proceedings null and void.
— A.M. Bayero, JCA. Atume v. Bakodo (2020) – CA/YL/85/2017