LEGAL PRINCIPLE: APPELLATE PRACTICE – Supreme Court – Attitude to Mistakes of Lower Court – Effect on Decision
PRINCIPLE STATEMENT
It is not every slip of the lower court that will result in an appeal being allowed. It is only those mistakes that have been shown to have affected or influenced the decision appealed against that will result in the appeal being allowed.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in International Bank for West Africa Ltd. & Anor v. Pavex International Company (Nigeria) Ltd. (2000) NLC-781994(SC) at p. 14; Paras A–B.
"It is not every slip of the lower court that will result in an appeal being allowed. It is only those mistakes that have been shown to have affected or influenced the decision appealed against that will result in the appeal being allowed."
EXPLANATION / SCOPE
Not every error by a lower court warrants reversal. An appellant must demonstrate that the mistake was substantial—that it affected or influenced the final decision. Minor, technical, or harmless errors that do not impact the outcome do not justify appellate intervention. This principle promotes judicial efficiency and prevents appeals from succeeding on trivial grounds. The appellate court assesses whether the error materially prejudiced the appellant or led to a miscarriage of justice. Where the result would have been the same regardless, the appeal will be dismissed despite the presence of error.