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 of development in a given country. When laws are not obeyed, anarchy sets in.
— Oguntade, JSC. Buhari v. INEC (2008) – SC 51/2008
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I make haste to state here that the criminal trial of every accused person begins with arraignment and culminates with conviction and sentence in judgment. In the precedent relied upon by the Respondent’s learned Counsel, STATE v. LAWAL (2013) 7 NWLR (FT. 1354) AT PP.586, Mohammad, JSC, defined criminal trial to mean “the whole of the proceedings including the judgment and sentence” This therefore has been the constitutionally inalienable right enjoyed by every accused person. It is the Respondent’s constitutional right to be heard through his written/oral address or Counsel’s address on his behalf. Section 294(1) of the 1999 Constitution (as amended) contemplated written address or Counsel’s address to be part of the criminal trial or proceedings, when it provides that: Section 294 (1) Every Court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof. Per NNAEMEKA-AGU, JSC in NDU v. STATE (1990) LPELR-1975(SC) (P. 45, PARAS. A-C) relying on Obodo v. Olomu and Anor (1987) 3 N.W.L.R. (Pt.59) 111, at p. 123-124, re-iterated this point thus: …this Court has stated before, the addresses of Counsel are an essential part of the trial. That can be the only possible inference from the fact that the constitution itself used the conclusion of addresses as a very important determinant of the time limit for delivery of judgments under Section 258 of the Constitution of 1979. See also STATE v. LAWAL (2013) 7 NWLR (PT. 1354) AT PP.585, wherein this Honourable Court held that “addresses by parties or their Counsel are an integral part of the hearing or trial of an accused person.”
— U.M. Abba Aji, JSC. State v. Andrew Yanga (SC.712/2018, 15 Jan 2021)
It is my considered opinion that for Order 23 of the National Industrial Court [Civil Procedure] Rules, 2017 to apply, Counsel must satisfy the Court as to the following: a. That there is no provision made in the Rules as to the practice and procedure sought to be adopted. b. That there is a provision made but it is in adequate. c. That the procedure sought to be adopted will do substantial justice to the parties in the particular circumstance. In my view, learned Counsel has not satisfied these conditions. In addition, what learned Counsel sought to do is unknown to law.
— I.G. Nweneka, J. Anyina v. Messrs First City Monument Bank Ltd. (NICN/ABK/03/2017, 12th December 2017)
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.”
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.”
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.”
It is not every procedural irregularity which affects the validity of proceedings. – Uwaifo JSC. Ekpanya v. Akpan (1988)
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