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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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
Adebayo v. Johnson (1969) 1 All NLR 176 where at page 190 this Court observed: “Even if the procedure adopted by the applicant Adebayo were wrong, we think that it is now much too late in the day for the directors to complain about it. They failed to challenge the correctness of the procedure at the commencement of the proceedings or on their entry into the case and sought unsuccessfully to get the Statement of Delinquencies filed by the applicant Adebayo struck out. Clearly in those circumstances the adoption of a wrong procedure would be no more than an irregularity, and would not render the entire proceedings a nullity as was submitted by learned counsel for the director Kamson: so unless a miscarriage of justice is thereby alleged and proved, the proceedings would not be struck out. See in re Kellock (1887) 56 L.T.R. 887: also Allen v. Oakey (1890) 62 LT.R. 724.”
It is said that justice delayed is justice denied. The reverse is equally disturbing. Justice rushed is a travesty of justice and a threat to the fabric that binds civilized society together. As if the rushed justice was not bad enough, the panel presented to the Taraba House of Assembly an incomplete and edited report upon which the appellant was removed on the 4th October, 2012, the day following the submission of the report. At least, the respondents did not disclaim the incomplete and edited report.
– Ngwuta, J.S.C. Danladi v. Dangiri (2014)
OLADEJO ADEWUYI AJUWON & ORS VS FADELE AKANNI & ORS (1993) 12 SCNJ 32 AT 52 this Court held “It is not every error of law that is committed by a trial or appellate Court that justifies the reversal of a judgment. An appellant, to secure the reversal of a judgment, must further establish that the error of law complained of did in fact occasion a miscarriage of justice and/or substantially affected the result of the decision. An error in law which has occasioned no miscarriage of justice is immaterial and may not affect the final decision of a Court. This is because what an Appeal Court has to decide is whether the decision of judge was right and not whether his reasons were, and a misdirection that does not occasion injustice is immaterial. The error in law in applying the doctrine of lis pendens complained of did not occasion any miscarriage of justice. The erroneous application of the doctrine of lis pendens notwithstanding, there was no other course that was open to the Court of Appeal in the appeal than to invalidate the sale in issue and to dismiss the appeal before it”.
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)
It would fall far short of ideal justice between man and man if, where no third party had been prejudiced by the omission, a party to a contract could evade his obligations merely be- cause the other party had not gone to a government office and registered the contract, but the courts have to administer the statute law as it stands and since the submission has been made the Court must consider its validity.
— Brett, JSC. Fakoya v Paul (1966) – SC. 238/1964
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