LEGAL PRINCIPLE: APPELLATE PRACTICE — Failure to Consider Issue — Whether Denial of Fair Hearing
PRINCIPLE STATEMENT
Failure to consider all issues raised does not automatically nullify proceedings; the result depends on whether miscarriage of justice is occasioned, unlike denial of fair hearing which automatically nullifies proceedings.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Irolo & Ors v. Uka & Anor (2002) NLC-1301998(SC) at p. 19; Paras C–D.
"A breach of the rule of fair hearing results in the nullification of the proceedings however well decided they might be but a failure on the part of court to consider all the issues that have been joined by the parties and raised before it for determination may, or may not, result in the setting aside of the decision reached depending on whether or not miscarriage of justice is occasioned thereby."
EXPLANATION / SCOPE
Denial of fair hearing automatically nullifies proceedings. Failure to consider an issue does not automatically nullify proceedings; the appellant must show miscarriage of justice. The distinction is crucial. The court examines whether the omitted issue was material. If the omitted issue would not have changed the outcome, the decision may stand. The principle prevents automatic reversal for every omission. The appellant must demonstrate prejudice. The rule applies to both trial and appellate courts. The court will not set aside a decision for a minor omission. The principle balances procedural correctness with substantial justice. The appellant bears the burden of showing miscarriage of justice.