Judiciary-Poetry-Logo
JPoetry

WHAT IS MISCARRIAGE OF JUSTICE?

Dictum

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)

Was this dictum helpful?

SHARE ON

MISTAKE TO CAUSE MISCARRIAGE OF JUSTICE

It is now settled law, that it is not every mistake in a judgment or decision that can warrant the reversal of a decision. To justify a reversal of a decision, the error complained of must be of such a nature to cause real miscarriage of justice. In the instant case, the fact that a breach was considered, even if erroneously, in appeal which does not concern the appellant, cannot be a basis for the appellant to complain.

– Musdapher JSC. Gbadamosi v. Dairo (2007)

Was this dictum helpful?

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.

Was this dictum helpful?

JUSTICE DOES NOT TILT BY VIRTUE OF THE PERSONS BEFORE THE COURT

By our trial process court relies on what parties have lawfully brought before the court and their evidence In support of those matters will dictate where the scale of justice tilts. But under no circumstances will the scale be tilted by virtue of the personalities In a case or importance of a case In the eyes of the public, for cases are not decided by public acclaim, I lathe lawful evidence that influence the fate of every case.

— Belgore, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

Was this dictum helpful?

THE LAW IS ON THE SUCCESSFUL PARTY’S SIDE

Generally, the law is on the side of the successful party, to assist him to reap the benefit(s) of the judgment. See NZERIBE V. DAVE ENGINEERING CO. LTD. (1994) 9 SCNJ 161.

— I.G. Mbaba, JCA. Ogunleye v. Aina (2012) – CA/IL/22/2011

Was this dictum helpful?

JUSTICE IS A THREE WAY TRAFFIC

And justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two-way traffic. It is really a three-way traffic – justice for the appellant accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, “whose blood is crying to heaven for vengeance” and finally justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of. It is certainly in the interest of justice that the truth of this case should be known and that if the appellant is properly tried and found guilty, that he should be punished. That justice which seeks only to protect the appellant will not be even handed justice. It will not even be justice tempered with mercy.

— Oputa, JSC. G. Josiah v. The State (1985) – SC.59/1984

Was this dictum helpful?

No more related dictum to show.