FOR REVERSAL OF AN ERROR, A MISCARRIAGE OF JUSTICE MUST HAVE OCCURED

Again to be said is that it is not every error of law that is committed by a trial or appellate Court that justifies the reversal of a judgment. For a reversal to take place, the error must have occasioned a miscarriage of justice as it was material in the decision reached.

– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)

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WHAT IS MISCARRIAGE OF JUSTICE?

Miscarriage of justice connotes decision or outcome of legal proceeding that is prejudicial or inconsistent with the substantial rights of the party. Miscarriage of justice means a reasonable probability of more favourable outcome of the case for the party alleging it. Miscarriage of justice is injustice done to the party alleging it. The burden of proof is on the party alleging that the justice has been miscarried.

– Niki Tobi JSC. Gbadamosi v. Dairo (2007)

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JUSTICE DOES NOT RELY IN FORMS & TECHNICALITIES

Oputa, JSC in Bello v. Oyo State (1986) 5 NWLR (Pt 45) 826 at 886: “the picture of law and its technical rules triumphant and justice prostrate may no doubt have its admirers. But the spirit of justice does not reside in forms, formalities nor in technicalities nor is the triumph of the administration of justice to be found in successfully picking one’s way between pitfalls of technicality. Law and its technical rules ought to be a handmaid to justice…”

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TECHNICAL VS SUBSTANTIVE JUSTICE

There is also the view of some counsel that the decision in Okafor v. Nweke had to do with technical justice. I agree that the age of technical justice is gone. The current vogue is substantial justice. See: Dada v. Dosumu (2006) 12 PNJSC 115. But substantial justice can only be attained not by bending the law but by applying it as it is; not as it ought to be. There is nothing technical in applying the provisions of sections 2(1) and 24 of the Legal Practitioners Act as it is drafted by the Legislature. The law should not be bent to suit the whims and caprices of the parties/counsel. One should not talk of technicality when a substantive provision of the law is rightly invoked.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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MISCARRIAGE OF JUSTICE IS FAILURE OF JUSTICE

Miscarriage of justice is a failure of justice. There is a miscarriage of justice where there are grave or serious errors in the proceedings as to make the proceedings fundamentally flawed. It means failure of the Court to do justice. See Enawakponmwhem Aigbobahi & Ors v. Edokpayi Aifuwa & Ors (2006) 6 NWLR (Pt.976) p.270; Amadi v. NNPC (2000) 10 NWLR (Pt.674) p.76;Kalu O. Irolo & Ors v. Ebe E. Uka & Anor (2002) 14 NWLR (Pt.786) p.195. Nnajiofor v. Ukonu (1986) 4 NWLR (Pt.36) p.505.

– Rhodes-Vivour, JSC. Nwankwoala v FRN (2018) – SC.783/2015

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JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

Justice of a case cannot be determined in vacuo but in relation to the facts of the case. Justice so to say, which is not done within the facts of a case is not justifice properly so called but justice in inverted commas and therefore injustice.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

MEANING OF MISCARRIAGE OF JUSTICE

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FOR REVERSAL OF AN ERROR, A MISCARRIAGE OF JUSTICE MUST HAVE OCCURED

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WHAT IS MISCARRIAGE OF JUSTICE?

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JUSTICE DOES NOT RELY IN FORMS & TECHNICALITIES

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TECHNICAL VS SUBSTANTIVE JUSTICE

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MISCARRIAGE OF JUSTICE IS FAILURE OF JUSTICE

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JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

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