LEGAL PRINCIPLE: EVIDENCE LAW — Estoppel — Waiver — Participation in Proceedings Without Objection — Effect
PRINCIPLE STATEMENT
A party who submits to a Commission's jurisdiction by attendance, leading evidence, and failing to question it at that point is deemed to have waived any perceived irregularity. He cannot later complain about want of publication in the gazette.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in The Governor of Oyo State v. Oba Ololade Folayan (1995) NLC-2561989(SC) at p. 62; Paras. A–C.
"The plaintiff having submitted to the Commission's jurisdiction by his attendance thereat, leading evidence before it and having failed to question it at that point in time, relying now on non-publication is non-sequitur. The plaintiff is deemed to have waived any perceived irregularity by his voluntary participation in the Commission's proceedings. He cannot now be heard to complain about want of publication in the gazette."
EXPLANATION / SCOPE
Waiver occurs when a party participates without objection. The party cannot later challenge the same irregularity. The principle applies to all proceedings. The party must object at the earliest opportunity. The rule prevents tactical ambush. The court will enforce waiver. The principle promotes fairness and efficiency. The party cannot approbate and reprobate.