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.”
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 a ground of appeal in the Court of Appeal. Secondly, it is not the case of appellant that he had by the irregularity suffered a miscarriage of justice. Thirdly, the nature of the non-compliance which is by the court is not fundamental and therefore insufficient to vitiate the action; it is a mere irregularity which has been cured by the acquiescence of the appellant in the proceedings. Appellant can therefore not be allowed to rely on the fact that the originating summons was not signed by a High Court judge to set aside the proceedings.
— Karibe-Whyte, JSC. Saude v. Abdullahi (1989) – SC.197/1987