WHAT IS A MISCARRIAGE OF JUSTICE

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)

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

THE AIM OF JUSTICE IS TO DO SUBSTANTIAL JUSTICE BETWEEN THE PARTIES

Law is blind. It has no eyes. It cannot see. That explains why a statue of a woman with her eyes covered can be found in front of some High Courts. On the contrary justice is not blind. It has many eyes, it sees, and sees very well. The aim of courts is to do substantial justice between the parties and any technicality that rears its ugly head to defeat the cause of justice will be rebuffed by the court. See Bello v. A.G, Oyo State (1986) 12 SC P.1 Bello v. Ringim (1991) 7 NWLR Pt.206 P.675 When justice is done it brings joy to the Righteous. See Proverbs 21:15.

— O. Rhodes-Vivour, JSC. Wassah & Ors. v. Kara & Ors. (2014) – SC.309/2001

JUSTICE DOES NOT RELY IN FORMS & TECHNICALITIES

Oputa, JSC in Bello v. Oyo State (1986) 5 NWLR (Pt 45) 826 at 886: “the picture of law and its technical rules triumphant and justice prostrate may no doubt have its admirers. But the spirit of justice does not reside in forms, formalities nor in technicalities nor is the triumph of the administration of justice to be found in successfully picking one’s way between pitfalls of technicality. Law and its technical rules ought to be a handmaid to justice…”

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