It is now settled law, that it is not every mistake in a judgment or decision that can warrant the reversal of a decision. To justify a reversal of a decision, the error complained of must be of such a nature to cause real miscarriage of justice. In the instant case, the fact that a breach was considered, even if erroneously, in appeal which does not concern the appellant, cannot be a basis for the appellant to complain.
– Musdapher JSC. Gbadamosi v. Dairo (2007)
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It is tragic that this case continues to be beset with delays peculiarly characteristic of the slow movements of the mechanism of justice and the need to ensure that justice is done and fair hearing given to the parties in the case. The wheels of justice grind slowly but surely till its purpose is achieved.
— Obaseki, JSC. Odi v Osafile (1985) – SC.144/1983
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
In our adversarial system of justice, justice is a three way street. It must flow to society, the plaintiff and the defendant in equal parts. It is not the exclusive preserve of any party.
– Ogunwumiju JCA. Awure v. Iledu (2007)
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
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)
Generally, the law is on the side of the successful party, to assist him to reap the benefit(s) of the judgment. See NZERIBE V. DAVE ENGINEERING CO. LTD. (1994) 9 SCNJ 161.
— I.G. Mbaba, JCA. Ogunleye v. Aina (2012) – CA/IL/22/2011
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