Admittedly, a ground of appeal alleging a misdirection is distinct from one described as error in law. In Black’s Law Dictionary , 6th Edition at page 999, a misdirection is defined as an error made by a Judge in instructing the jury upon the trial of a cause. However, in a legal system such as ours in which the Judge also plays the role or function of the jury, a misdirection occurs when the Judge misconceives the issues, whether of facts or of law, or summarizes the evidence inadequately or incorrectly. In this situation, the misdirection may take the form of a positive act or mere non-direction. See Chidiak v. Laguda (1964) NMLR 123 at 125; Nwadike v. Ibekwe (1987) 4 NWLR (Pt. 67) 718 at 744.
— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)