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 justice of a case… The Court shall never be shackled by procedure; case is not made for procedure, it is the other was round. Once the procedure employed has brought into focus the issues the parties contest and there is no miscarriage of justice it will not matter that the procedure is not the correct one. Getting to the destination is what is important; it does not matter the means used. This Court will certainly not disturb a clear case of justice between the parties by suo motu raising for the parties procedural abnormalities … what is relevant in a case of this nature is the question of justice of the case.”
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 court 3. The case before the court is not initiated by due process of law, or that there is a condition precedent to the exercise of jurisdiction. The third of the conditions prescribed, and which is relied upon by the appellant in this appeal is where the action comes before the court of trial without due process of law. There is non-compliance with due process of law when the procedural requirements have not been complied with, or the preconditions for the exercise of jurisdiction have not been complied with. In such a circumstance, as in the other two cases, the defect is fatal to the competence of the trial court to entertain the suit. This is because the court will in such a situation not be seised with jurisdiction in respect of the action.
— Karibe-Whyte, JSC. Saude v. Abdullahi (1989) – SC.197/1987