Where such statutory or constitutional provision is made for the filing of a claim, the procedure so laid down ought to be followed in making the claim and no other one. See Gbadamosi Lahan v. Attorney-General of Western Nigeria (1963) 2 SCNLR 47; (1963) 1 All NLR 226.
— Iguh JSC. Onuoha v State (1998) – SC. 24/1996
SHARE ON
OFORKIRE VS. MADUIKE ORS. (2003) LPELR – 2269 (SC) held that: “It is elementary law that rules of Court must be obeyed or complied with, as they are not made for fun.”
In Adejobi v. State (2011) 6 MJSC (Pt 1) 101 @ 119 it was held that: “It is trite that a question of law and jurisdiction can be raised at any time in the proceedings, but it is not a free for all procedure. Where a statute under which an issue or matter is to be raised has provided a procedure for raising such issues or matter, that procedure, and no other must be followed.”
This is an out-flow of the elementary principle of law that where a specific procedure is provided for commencing an action, a party seeking to use the procedure must bring his case within those covered by that procedure otherwise his action will be incompetent.
– Abiru, JCA. Okoli v. Gaya (2014)
In essence therefore, initiating an action on a wrong procedure robs the court of its jurisdiction to adjudicate over such matter. The issue of jurisdiction of a court to adjudicate over a matter before it is a threshold issue that goes to the root or foundation of adjudication. This stems from the trite position of the law, that once it is discovered that a court has no jurisdiction to adjudicate over a matter, any decision/proceedings emanating from such a court regarding that matter, no matter how well rendered or conducted, is a nullity.
– Bage JCA. Ayetobi v. Taiwo (2014)
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
It has since been established by a plethora of authorities that the appropriate time at which a party to proceedings should raise an objection based on procedural irregularity is at the commencement of the proceedings or at the time when the irregularity arises. If the party sleeps on that right and allows the proceedings to continue on the irregularity to finality, then the party cannot be heard to complain, at the concluding stage of the proceedings or on appeal thereafter that there was a procedural irregularity which vitiated the proceedings- See C.F.A.O. v. The Onitsha Industries Ltd. 11 N.L.R. 102 at p.103; Johnson v. Aderemi & Ors. 13 W.A.C.A. 297; Adebayo & Ors. v. Chief Shonowo & Ors. (1969) 1 All N.L.R. 176 at p.190; Ashiru Noibi v. Fikolati & Anor. (1987) 1 N.W.L.R. (Part 52) 619 at p. 632 and Ezomo v. Oyakhire (1985) 1 N.W.L.R. (Part 2) 195 at pp.202-203. The only exception to this general rule is that the party would be allowed to complain on appeal if it can show that it had suffered a miscarriage of justice by reason of the procedural irregularity.
— Uwais, JSC. Saude v. Abdullahi (1989) – SC.197/1987
Click the icons to like, follow, and join JPoetry