LEGAL PRINCIPLE: APPELLATE PRACTICE — Fair Hearing — Error in Judgment — When Error Does Not Vitiate Proceedings
PRINCIPLE STATEMENT
Not every mistake or error in a judgment results in reversal. It is only when the error is so substantial that it has occasioned a miscarriage of justice that the appellate court is bound to interfere.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ejeka v. State (2003) NLC-2582001(SC) at p. 12; Paras A–B.
"It is not every mistake or error in a judgment that results in the appeal being allowed. It is only when the error is so substantial that it has occasioned a miscarriage of justice that the appeal court is bound to interfere."
EXPLANATION / SCOPE
Only substantial errors causing miscarriage of justice warrant reversal. The principle applies to all appeals. Minor errors are not grounds for intervention. The rule promotes finality. The appellant must show prejudice. The principle is well-established.