RULES OF COURT MUST BE OBEYED

RULES OF COURT ARE NOT MEANT TO DEFEAT BUT AID THE JUSTICE SYSTEM – RULES SHOULD NOT BE TYRANNICAL

It is now notorious and trite law that all rules of court should be obeyed and followed.
This is because rules of court are not for fancy or fun or window dressing, since they are helpful in regulating prosecution of cases in court, such that they occupy a place akin to a roadmap for the quick convenience, fair trial and orderly disposal of cases. Rules of court are part of the support system in the administration of justice. This is particularly important, as courts have departed from adherence to technical justice. However, to achieve the purpose of obeying the Rules of Court in advancement of the course of justice, the rules of court should not be tyrannical and uncompromis-ing masters, as the Appellant has urged. This is to avoid a slavish interpretation, defeating the essence and purpose of the rules of court and ultimately the justice system.

— Mufutau Bamidele Akande v Professor Olugbemiro Jegede (2022) – SC./948/2015

THE COURT WILL DO JUSTICE BY PROCEDURE LAID DOWN BY LAW

Bakare v. Apena (1986) 6 SC 467 @ p. 468, where the Supreme Court per Aniagolu JSC (God bless his soul) had succinctly stated inter alia thus: “A judge will not adopt a method of adjudication alien to procedural rule of justice upon a plea that he is actuated by the noblest of intentions and an impassionate zeal, for justice which propels him to bizarre methods of arriving at justice holding as it were, as justifying Machiavellian principle, that the end justifies the means. The Court as the last resort will indeed do justice by the procedure laid down by law and constitution. The moment a Court ceases to do justice in accordance with the law and procedure laid down for it, it ceases to be a regular Court to become a kangaroo Court.’’

NONCOMPLIANCE IN RULES WILL NOT RESULT IN JUDGEMENT BEING SET ASIDE

It is trite to say that non-compliance with rules of court will not necessarily result in the judgment given in the case being set aside and it is also clear that once a step is taken in the proceedings by a party complaining about the breach of the rules of court he is said to have waived the breach. This was the decision of this court in the case of Jozebson Industries Co. v. R. Lauwers Import-Export (1988) All NLR 310 at 333; (1988) 3 NWLR (Pt.83) 429.

— Mohammed, JSC. Kossen v Savannah Bank (1995) – SC.209/89

DEPENDING ON CIRCUMSTANCES, RULES OF COURT MAY NOT MANDATORILY BE COMPLIED WITH

There are instances where a party, due to no fault of his, is unable to comply with rules of court. Where there is such non-compliance, the attitude and reaction of the court will depend on the facts and circumstances of such case. The circum-stances form part of the sole issue for determination, distilled and formulated by the Appellant in his brief of argument in this appeal. There are thus, exceptions to the jurisprudence that rules of court must be complied with. In a circumstance where a party who is unable to comply with the rules of court advances cogent materials for non-compliance, that brings his case within the exception for which the Applicant can get a waiver.

— Mufutau Bamidele Akande v Professor Olugbemiro Jegede (2022) – SC./948/2015