LEGAL PRINCIPLE: APPELLATE PRACTICE — Miscarriage of Justice — Error Without Consequential Effect
PRINCIPLE STATEMENT
An error committed by the court below that does not result in a miscarriage of justice does not warrant appellate intervention.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Yesufu v. Gov. Edo State & Ors (2001) NLC-701996(SC) at p. 10; Paras C–D.
"The error committed by the court below has, therefore, not resulted in a miscarriage of justice. I will therefore say no more on it."
EXPLANATION / SCOPE
Not every error warrants reversal. Only errors that result in a miscarriage of justice justify appellate intervention. The appellant must demonstrate that the error materially affected the outcome. If the result would have been the same regardless, the error is harmless. The principle prevents appeals from succeeding on technicalities. The court examines the impact of the error on the overall decision. The burden is on the appellant to show prejudice. The appellate court will not reverse for inconsequential errors. The rule promotes judicial efficiency and finality. The court may acknowledge the error but decline to interfere if no injustice resulted.