APPROPRIATE TIME TO RAISE AN OBJECTION AS TO PROCEDURAL IRREGULARITY

ACQUIESCENCE TO IRREGULARITY

Sonuga and Ors v. Anadein (1967) NMLR 77 at 79, the Supreme Court per Lewis, J.S.C. said: “In the appeal before us, the question appears to be, is it right for the defendant to take advantage of an irregularity he had himself accepted and had acted on it, without any harm done to him? We think it is now too late for him to raise an objection.”

ONCE A STATUTE PRESCRIBES A METHOD, OTHER METHODS ARE EXCLUDED

It is trite that once the law has prescribed a particular method of exercising a statutory power, any other method of exercise of it is excluded: so there can be no question of the lessor in this case recovering possession by resorting to a right of re-entry or any other type of self-help. I agree with Chief Umeadi that although section 28(1) of the Law states that the lessor “may enter a suit”, “may” should be construed as mandatory i.e. as meaning “shall” or “must”.

– Nnaemeka-agu, JSC. Ude v. Nwara (1993)

RULES OF COURT MUST BE OBEYED

OFORKIRE VS. MADUIKE ORS. (2003) LPELR – 2269 (SC) held that: “It is elementary law that rules of Court must be obeyed or complied with, as they are not made for fun.”

PROCEDURAL IRREGULARITY

It is not every procedural irregularity which affects the validity of proceedings. – Uwaifo JSC. Ekpanya v. Akpan (1988)

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.”

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.”