SUBSTANTIAL JUSTICE OVER TECHNICALITY

COURT HAS TO ADMINISTER THE STATUTES LAW

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

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)

DOING SUBSTANTIAL JUSTICE IN ALL CASES

Niki Tobi(JSC) (Blessed memory) in Samuel Ayo Omoju v. FRN [2008]ALL FWLR (Pt.415) 1656 at1671-1672 paras. G-B; espoused on doing substantial justice in all cases quipped thus – Substantial justice, which is actual and concrete justice, is justice personified. It is secreted in the elbows of cordial and fair jurisprudence with a human face and understanding. It is excellent to follow in our law. It pays to follow it as it brings invaluable dividends in any legal system anchored or predicated on the rule of law.

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

MEANING OF MISCARRIAGE OF JUSTICE

The decision is not at large but is carefully qualified by the expression “miscarriage of justice”. The court used the expression twice. Miscarriage of justice is simply justice miscarried. I do not think I have said much. I should go further to say that miscarriage of justice is failure of justice. It is the failure on the part of the court to do justice. It is justice misapplied, misappreciated or misappropriated. It is an ill conduct on the part of the court which amounts to injustice. See Onagoruwa v. The State (1993) 7 NWLR (Pt. 303) 49. Miscarriage of justice arises in a decision or actcome of legal proceedings that is prejudicial or inconsistent with substantial right of a party. See Joshua v. The State (2000) 5 NWLR (pt. 658) 591; Sanusi v. Ameyogun (1992) 4 NWLR (Pt. 237) 527.

— Niki Tobi JSC. Pam & Anor. V Mohammed (2008) – SC.238/2007

MEANING OF JUST AND FAIR

In the latter regard I refer to Halsbury’s Law of England, Vol. 21, page 348 para. “370.Meaning of just or convenient. The words just or convenient in the statutory provision (k) must be read just, as well as convenient (l). They do not mean that the court can grant an injunction simply because the court thinks it convenient, but mean that the court should grant an injunction for protection of rights or the prevention of injury according to legal principles (m). They confer no arbitrary nor unregulated discretion on the court, and do not authorise it to invent new modes of enforcing judgment in substitution for the ordinary modes (o).”

— Agbaje JSC. Okoya & Ors. V. S. Santilli & Ors. ( SC.206/1989, 23 MAR 1990)